Critical Steps and Essential Guidance for Negotiating Joint Operating Agreements (and Choosing When to Use One)

In some U.S. onshore jurisdictions, landmen and oil and gas attorneys are increasingly opting not to use joint operating agreements (JOAs), instead relying on statutes, regulations, and common law to govern relationships among working interest owners. This presentation will provide an overview of the 2015 AAPL JOA model form, discuss when JOAs are advisable, and highlight educational resources for understanding JOA complexities.

Credit(s)

0.8

CO Approval ID

849637

Original Program Date

July 19, 2024

Duration

40 minutes

In many onshore jurisdictions within the U.S., landmen and oil and gas attorneys increasingly decide to rarely use a joint operating agreement (JOA), relying instead on a combination of statutes, regulations, administrative procedures, and common law to govern the relationship among working interest owners. Is this because JOAs are unnecessary, inadvisable, or passé, or because they have become unfamiliar or inaccessible? Using the 2015 version as a reference point, this presentation will provide a primer for those less familiar with the various versions of the American Association of Professional Landmen JOA model form on the reasons to use a JOA, when (if ever) a JOA is not advisable for joint operations, and the critical steps of negotiating JOAs. Rather than try to cover in detail the myriad complex issues involved in JOAs in a 50-minute presentation, however, the speakers will introduce the attendees to the educational resources available to landmen and lawyers to learn about specific JOA issues in more detail, including Foundation publications.

Video presentation from the 70th Annual Natural Resources and Energy Law Institute.

Speakers

Credits

Materials

1 CLE Credit – Approval ID: CO ID - 849637

This course has been accredited for CLE credit in Colorado. CLE credit hours shown are for Colorado only. A CLE course number for Colorado will be provided to attendees on their certificates of attendance once a course has been completed. New Mexico attorneys who complete a course must notify us (cle@rmmlf.org) because we are required to report credits for you. If this course has been approved for RPL/CPL credit with the American Association of Professional Landmen (AAPL), the credits will be listed below in a separate section for AAPL. If applicable, Component Codes for AAPL recertification will also be provided. Please contact RMMLF if you need independent verification by the provider of your attendance or participation for CLE purposes. Except as provided above, RMMLF generally does not apply for accreditation from any other MCLE/CPD organizations for its online legal education program. Upon completion of a program a certificate of attendance will be issued to all attendees. Except as provided above, attendees must verify with their respective state bars and CPD organizations and their specific rules as to whether or not the certificate of attendance will be recognized by that body for MCLE/CPD purposes, and the number of CLE/CPD credits that may be available. The live presentation of the on-demand program has been accredited in most mandatory states as part of a larger course, but such accreditation does not assure recognition of the on-demand program.

JERRIS JOHNSON, CPL, is passionate about advancing the energy industry and contributing to its sustainability and growth. He is a frequent speaker and instructor for national and local associations and corporate events, sharing his knowledge and insights on various topics related to land practices, energy trends, and the utilization of artificial intelligence and technology hacks. With over 20 years of opportunities in the energy industry, his experience ranges from leading large teams to excelling in individual roles for multiple oil and gas and renewable energy companies. Jerris values integrity, excellence, and service in his work and life. He is highly involved in volunteerism and leadership for the American Association of Professional Landmen.

JEFFREY R. TAYLOR is a Partner at Lear & Lear PLLC in Salt Lake City, Utah. His practice focuses on title examination and has benefited from the selfless hours devoted by mentors and colleagues to help him develop his skills. Jeff believes in the phrase “better late than never,” married later in life, and stays young by raising a four-year old and a two-year old alongside his beautiful wife. While not perusing runsheets and preparing spreadsheets, Jeff enjoys the chilled mountain air, pine forests, chasing toddlers, and Utah’s rich blue skies. Jeff graduated from Brigham Young University in 2002 with a B.S. in Wildlife and Range Resources. Unsure about life as a forest ranger, Jeff graduated from law school in 2006 from the University of Utah.