Agenda

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Please log into the webinar 15 – 30 minutes before start time.

Log into Webinar
8:30 – 9:00 am CDT
Morning Session
9:00 am – 12:15 pm CDT
Break
12:15 – 12:45 pm CDT
Afternoon Session
12:45 – 4:00 pm CDT

 

Agenda
Understanding Rights to Energy Resources                                                          J. Lederle
Understanding mineral law
Dominance of mineral estate
Right to use surface
Oil and gas rights and development
Typical types of agreements for development of mineral rights and drafting considerations
Understanding wind rights
• Ownership of right to wind energy
• Use of surface/land
• Typical types of agreements for development of wind energy and drafting considerations
Understanding solar rights
• Ownership of right to solar energy
• Use of surface/land
• Typical types of agreements for development of solar energy and drafting considerations

Land Development for Utility-Scale Wind Energy Systems                            J. Lederle
Understanding rights to develop wind energy
Ownership of rights to wind energy
Determining what is a good site for a wind energy system
Wind resources
Land access
Zoning/land use restrictions
Environmental considerations
Transmission potential
Other simultaneous land uses
Typical types of agreements for development of wind energy
Drafting considerations

Issues in Lease Negotiations/Landowner                                                      S. Deatherage
and Solar Developer Perspectives
Developer and landowner perspectives in general
How to bridge the gaps
Options vs. leases
Rent and royalties
Lease premises – defining the area to be leased
Use of the land – defining permitted uses
Easements on the premises and adjacent land
Types of lease terms and length
Energy storage
Protections for lenders and tax equity investors
Mineral interests and how to protect the deal
Default and termination
Removal, restoration and financial assurance
Property taxes

Handling Ethical Issues in Land Transfers and                                                 J. Wilhelm
Energy Development and Production
Preventing conflicts of interest
Balancing public good vs. private benefit
Balancing private landowner rights vs. corporate/government interests

 

 Webinar Instructions

Each webinar session earns continuing education credit and can be registered for individually. All attendees must log-on through their own email – attendees may not watch together if they wish to earn continuing education credit. HalfMoon Education Inc. must be able to prove attendance if either the attendee or HalfMoon Education Inc. is audited.

Certificates of completion can be downloaded in PDF form upon passing a short quiz. A link to the quiz will be sent to each qualifying attendee immediately after the webinar. The certificate can be downloaded from the Results page of the quiz upon scoring 80% or higher.

Webinars are presented via GoToWebinar, an easy-to-use application that can be run on most systems and tablets. Instructions and login information will be provided in an email sent close to the date of the webinar. It is highly recommended that you download, install and test the application before the webinar begins by clicking on the link in the email.

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Windows 7 – 10 or Mac OSX Mavericks (10.9) – macOS Catalina (10.15)

Web Browser:
The two most recent version of the following browsers:
Google Chrome, Mozilla Firefox, Apple Safari, Microsoft Edge
Internet Explorer v11 (or later) with Flash enabled

Internet connection: Minimum of 1Mbps       Hardware: 2GB RAM or more

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Credits

Professional Engineers
6.0 PDHs

Attorneys & Paralegals
6.0 CLE Hours,
Including 1.0 Ethics Hour

TBLS Attorneys
6.0 CLE Hours in Administrative Law;
Oil, Gas and Mineral Law; and Real Estate

TBLS Paralegals
6.0 Real Estate

Landmen
6.0 Recertification Credits
Including 1.0 Ethics Credit

Geoscientists
6.0 CE Hours

 

Continuing Education Credit Information
This webinar is open to the public and offers 6.0 PDHs to professional engineers in Texas. The Texas Board of Professional Engineers and Land Surveyors does not pre-approve any courses or activities.

This webinar offers 6.0 CLE hours to Texas attorneys and paralegals, including 1.0 ethics hour for attorneys. HalfMoon Education is an accredited CLE provider in the state of Texas and this course has been approved by the State Bar of Texas and by the Texas Board of Legal Specialization for 6.0 CLE hours in the specialty areas of Administrative Law, Oil, Gas & Mineral Law, and Real Estate Law for attorneys and 6.0 CLE hours in Oil, Gas & Mineral Law, and Real Estate Law for paralegals.

This webinar offers 6.0 Recertification Credits to certified Landmen. The American Association of Professional Landmen has approved this course for 5.0 RL recertification credits and 1.0 ethics credit for a total of 6.0 credits.

This webinar offers 6.0 CE hours to professional geoscientists in Texas. The Texas Board of Professional Geoscientists does not endorse or pre-approve continuing education courses.

Attendance will be monitored, and attendance certificates will be available after the webinar for those who attend the entire course and score a minimum 80% on the quiz that follows the course (multiple attempts allowed).

Speakers

Scott Deatherage

S. Deatherage Law 
Mr. Deatherage is a founding partner in the Dallas law firm of S. Deatherage Law, PLLC.  Over the last 32 years, he has focused on environmental issues, energy, and climate change.  For most of his career, he worked with large law firms in Dallas, but four years ago he formed his own firm and also began pursuing entrepreneurial opportunities. He earned his B.A. in Letters from The University of Oklahoma in 1984 with highest honors, with minors in Botany and French, and a J.D. from Harvard Law School in 1987 cum laude, where he served as the Articles Editor for the Harvard Environmental Law Review. Mr. Deatherage was one of the founders of the American Bar Association’s Environmental Disclosure Committee.  He has published a book entitled Carbon Trading Law and Practice, originally published by Oxford University Press.  He has taught Climate Change Law at the University of Texas Law School. He currently is general counsel of a company developing electric vehicle charging stations and planning to supply them with utility-scale solar plus storage facilities.

Jake Lederle

Partner, Wetsel, Carmichael, Allen, & Lederle, L.L.P.
Jacob R. “Jake” Lederle is a partner at the firm of Wetsel, Carmichael, Allen, & Lederle, LLP. He maintains a broad practice in the energy sector and specializes in renewable energy (wind and solar), eminent domain and condemnation, and oil and gas law. In addition to his energy-related practice, he also routinely advises clients in other areas of real estate and estate planning as well as in civil litigation. He is a graduate of the University of Texas School of Law where he was a research assistant to preeminent oil and gas scholar Ernest E. Smith. He frequently writes and speaks on a variety of topics in the energy business, including the accommodation doctrine, executive rights, competing surface uses, severance of wind rights, environmental concerns in siting renewable energy, condemnation proceedings, and negotiating leases and easements. In fact, his paper “Everything Under the Sun: A Guide to Siting Solar in the Lone Star State” was one of the first published articles on solar energy in Texas.

Jack Wilhelm

Founder at Wilhelm Law Firm
Mr. Wilhelm focuses his practice on oil and gas law and state taxation issues before the Texas Comptroller of Public Accounts. His oil and gas clients include Fortune 500 oil and gas companies, privately owned oil and gas independents, and sophisticated landowners. Most of the oil and gas practice focuses on real estate (title examination, due diligence, and negotiations) and assisting clients with matters before the General Land Office. In addition to his J.D. degree, Mr. Wilhelm holds a masters degree in Energy and Environmental Law from The Tulane University. He is licensed to practice in Texas, Louisiana, Arkansas, and Illinois, and by numerous federal courts, including the United States Supreme Court.