Carlin A. Yamachika

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.

Litigation

• 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.)