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Michael Feldewert

Partner

110 North Guadalupe, Suite 1, Santa Fe, NM 87501

Oil and gas companies with operations, property, or prospects in New Mexico turn to Michael for advice and strategic counsel.

Michael leverages his extensive experience with the agencies, regulations, and processes of the New Mexico Oil Conservation Division/Commission, the New Mexico State Land Office, and the Bureau of Land Management to help oil and gas clients solve issues involving oil and gas development. Michael also handles royalty, severance tax, and property tax issues before New Mexico courts and administrative agencies.

Experience

Michael has 30 years of experience addressing questions, issues, administrative proceedings, rulemaking, regulations, and legal proceedings involving:

  • Horizontal and vertical drilling, including:
    • Compulsory pooling
    • Well spacing and non-standard locations
    • Downhole and Surface Commingling
    • Unitization and Communitization
  • Secondary and Tertiary recovery projects involving water and carbon dioxide
  • Produced gas and carbon dioxide sequestration injection projects
  • Oil and gas releases
  • Disposal of oilfield waste
  • Use and storage of produced water
  • Oil and gas property taxes
  • Oil and gas severance taxes
  • Private, State, and Federal royalty obligations
  • New Mexico property tax and gross receipts tax obligations
     

Client Results

  • In addition to regular appearances before the state and federal administrative agencies, Michael has extensive experience handling oil and gas matters before state and federal courts, including:

  • Addressing oil and gas regulations for the New Mexico Oil & Gas Association. Jalapeno Corporation v. New Mexico Oil Conservation Commission, No. A-1-CA-37449, 2020-NMCA-[pending]; Earthwork’s v. New Mexico Oil Conservation Commission, 2016-NMCA-055

  • Challenges to pooling orders issued by the New Mexico Oil Conservation Division/Commission, Jalapeno Corporation v. New Mexico Oil Conservation Commission, and Matador Production Company, D-101-CV-2017-00059 (Santa Fe County District Court).
  • Challenging property taxes, severance taxes, and processing taxes imposed on oil and gas facilities and production in New Mexico. Leapartners v. New Mexico Taxation and Revenue Dept., D-101-CV-2015-02677 (summary judgment in district court); Hess Corporation v. New Mexico Taxation and Revenue Department, 252 P.3d 751 (N.M.App. 2011); Blackwood & Nichols v. New Mexico Taxation and Revenue Department, 964 P.2d 137 (N.M. App. 1998).

  • Addressing county ordinances restricting the development of oil and gas interests in New Mexico. SWEPI, LP v. Mora County, 81 F.Supp. 3d 1075 (Dist. NM 2015).

  • Defending royalty underpayment claims and class actions for oil and gas production in New Mexico. Abraham v. BP America Production Company, 685 F.3d 1196 (10th Cir. 2012); Davis v. Devon Energy, et al., 218 P.3d 73 (N.M. 2009); Elliott Industries v. BP Amoco Production Company, 407 F.3d 1091 (10th Cir. 2005); Creson v. Amoco Production Company, 10 P.3d 853 (N.M. App. 2000).

  • Access to oil and gas producing properties. XTO Energy v. Armenta, 185 P.3d 383 (N.M. App. 2008).

  • Allegations of contamination from historic drilling pits. Bank of America v. Apache et al.,184 P.3d 435 (N.M. App. 2008).

Education

Bar Admissions

Recognition

  • The Best Lawyers in America® Lawyer of the Year, Oil & Gas Law – Santa Fe, 2017, 2021; Natural Resources Law – Santa Fe, 2023
  • The Best Lawyers in America® Natural Resources Law, Oil & Gas Law, 2013-2023
  • Chambers USA, Environment, Natural Resources, & Regulated Industries, 2013, 2015-2020; Natural Resources & Environment, 2022
  • Southwest Super Lawyers®, Energy and Natural Resources, 2008-2009,2013-2014, 2019-2020

Professional and Civic Affiliations

  • State Bar of New Mexico, Member
  • First Judicial District and American Bar Associations, Member
  • New Mexico Oil and Gas Association, Member
  • The Foundation for Natural Resources and Energy Law, Member
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