Carlin A. Yamachika
Northwestern School of Law of Lewis & Clark College (J.D., 1999; Environmental and Natural Resources Certificate)
Western Washington University (B.S., Environmental Policy and Assessment, 1996)
ADMITTED TO PRACTICE IN
Carlin Yamachika is a partner in the Firm's Oil & Gas and Renewable Energy practice groups. For nearly 20 years, Carlin has provided a full range of legal services in California and the Pacific Northwest for corporate clients – from Fortune 500 corporations to small businesses. She has extensive experience in all aspects of title examinations and title opinions, including in connection with drilling, acquisitions, and finance. Carlin utilizes her intimate knowledge of the energy industries to serve as local California counsel in connection with secured lending transactions. In addition, she assists clients with the development of natural resources projects, focusing on real estate matters, and conducts due diligence for acquisitions of wind and solar projects and oil and gas assets. She negotiates and drafts agreements for complex oil and gas and renewable energy transactions, such as purchase and sale agreements, joint operating agreements, farmouts, surface use agreements, and easements. Carlin is known for her excellent client service and is well-liked by her clients.
- Stoel Rives, LLP, Portland, Oregon, Natural Resources Group, Associate Attorney (2006-2007)
- Downey Brand, LLP, Sacramento, California, Oil, Gas and Mineral Practice Group, Associate Attorney (1999-2006)
Oil & Gas
- Prepared drilling, acquisition, division order, supplemental, and financing title opinions on onshore, offshore, private, state, and federal lands.
- Represented oil and gas companies, energy companies, and lenders as special counsel in connection with numerous multi-million dollar project finance transactions, including the negotiation, drafting, and analysis of transaction documents, the conduct of real property title due diligence and the issuance of financing title opinions, and related project finance advice and counsel.
- Represented mineral sands developer in obtaining requisite permits to operate a mine in Southern Oregon.
- Represented major and independent oil and gas, geothermal, and energy companies in a full range of title, due diligence, and transactional matters as part of numerous acquisitions of producing and non-producing properties, to date the collective value of which has been in the billions of dollars.
- Represented oil and gas companies in complex offshore leasing proposals and related title due diligence for financing transactions.
- Advised clients on the interpretation and enforcement of the numerous provisions in Joint Operating Agreements and their related Exhibits, including Gas Balancing Agreements and COPAS Accounting Procedures.
- Advised clients on aquifer exemptions and other permitting issues relating to Class II underground injection wells.
- Advised clients on the interpretation of oil and gas leases, including allowable royalty deductions, consequences of a cessation of production, notice of default issues, suspension of royalties and consent to assign requirements.
- Represented major and independent oil and gas, geothermal, and energy companies in all types of commercial loan and finance transactions and related counseling, including senior and subordinated credit facilities, second lien financing, working capital financing, and debt restructuring transactions.
- Represented major and independent oil and gas and geothermal companies in the negotiating, drafting, and analysis of all types of operational and transactional agreements, including purchase and sale agreements, joint operating agreements, unit agreements, farmout agreements, development and exploration agreements, leases, surface use agreements, easements, and power purchase agreements.
- Represented client in surface owner dispute concerning surface access for oil and gas drilling operations and conducted related title review.
Renewable & Traditional Energy
- Represented energy companies in the development of major underground gas storage projects in connection with the acquisition of rights in land for storage, pipeline and compressor station easements, and mineral owner consents, as well as the negotiation of master services agreements, drilling contracts, and other operational and transactional documents.
- Represented wind and solar energy companies in land acquisition and development of commercial energy projects, with an emphasis on real estate, title due diligence, development agreements and related matters.
- Conducted real estate due diligence for purchase of a 100 MW AC photovoltaic solar power generation facility.
- Assisted solar energy company in the acquisitions of fee lands for future development and provided advice with respect to potential conflicting land ownership rights.
- Successfully defended oil and gas exploration and production company against attempt to imply a covenant of further exploration into oil and gas lease, resulting in a published California Appellate Court decision. (Lundin/Weber Co. v. Brea Oil Co. (2004) 117 Cal.App.4th 427.)
- California Independent Petroleum Association, Associate Member
- Rocky Mountain Mineral Law Foundation, Member & Pacific Northwest Reporter
- Bakersfield Association of Petroleum Landmen, Member
- Castles and Bears, Inc., Past Secretary (September 2015 - 2017)
- Oregon Humane Society, Volunteer (September 2008 – 2010)
- Legal Aid Services of Oregon, Pro Bono Volunteer (2007)
- Challenge Air for Kids and Friends, Volunteer (August 2007)
- Voluntary Legal Services of Northern California, Wills Clinic, Pro Bono Volunteer (2004 - 2006)
- “Ethics for In-House Counsel: Best Practices for Establishing (and Maintaining) Attorney-Client and Work-Product Privileges in an Electronic World,” 65 Rocky Mt. Min. L. Inst. 18 (2019)
- "Everything Old is New Again: Lease Maintenance Issues that Arise When Oil Prices Drop," 62 Rocky Mt. Min. L. Inst. 20-1 (2016)
- Pacific Northwest Reporter for the Mineral Law Newsletter, a Publication of the Rocky Mountain Mineral Law Foundation (quarterly)
2007 – Present
- Bakersfield Association of Professional Landmen, "Significant Changes to Surface Owner Notification Statute"
- ABA Section of Environment, Energy, and Resources, The Year in Review, “Public Lands and Land Use Committee Annual Report”
- 65th Annual Rocky Mountain Mineral Law Institute, “Ethics for In-House Counsel: Best Practices for Establishing (and Maintaining) Attorney-Client and Work-Product Privileges in an Electronic World”
- 35th Annual West Coast Landmen's Institute, "Oil and Gas Conveyances in California: How to Get (or Give) What You Want"
- Private Client, “Farmout Agreements and JOAs”
- Private Client, "Key Considerations for Farmout Agreements"
- 62nd Annual Rocky Mountain Mineral Law Institute, "Everything Old is New Again: Lease Maintenance Issues that Arise When Oil Prices Drop"
- Day Carter & Murphy LLP Bakersfield Breakfast Series, “Lease Maintenance Issues in Today's Market: What's Enough?"
- 31st Annual West Coast Landmen's Institute, "The Changing Tide of Your JOA Form for Horizontal Operations"
- Day Carter & Murphy LLP Bakersfield Breakfast Series, "Force Majeure: Is Your Clause Keeping Up With the Times?"
- 30th Annual West Coast Landmen's Institute, "Title Issues Prior to Drilling: One Colorful Story at a Time!"
- 28th Annual West Coast Landmen’s Institute, “Common Transactional Pitfalls in Acquisitions of Oil and Gas Properties”
- HalfMoon Seminars, "Gas, Oil, and Mineral Land Law"
- NADOA 35th Annual Institute, “Voluntary Pooling in California: Pitfalls and Practices”
- 25th Annual West Coast Land Institute, “Understanding Ethics: The Moral Compass of a Petroleum Landman”
- HalfMoon Seminars, “Oregon Real Estate Title Issues: Understanding Mineral Rights and Surface Issues”
- Lorman Education Services, “Contract Negotiations and Preparation in the Oil and Gas Industry: Drafting Complete and Unambiguous Contracts in California”
- 21st Annual West Coast Landmen’s Institute, “Landmen and the Unauthorized Practice of Law”
- Kern River Oil & Gas Series, “Boilerplate – Is It Really?”