Julie A. Carter | Founding Partner (retired)
University of Oklahoma (J.D., Order of the Coif, 1985)
University of Colorado (B.S., Mineral Land Management, 1981)
ADMITTED TO PRACTICE IN
Julie Carter was a founding partner of Day Carter & Murphy and retired from the practice of law on December 31, 2019. Julie represented oil and gas industry clients in a broad spectrum of issues. Julie had significant expertise in the preparation of oil, gas and mineral title opinions, including drillsite, supplemental, acquisition, and division order title opinions on private, state, and federal lands. She also had extensive experience conducting due diligence for major acquisitions of oil and gas leases, producing and non-producing oil and gas fee, geothermal leases/projects, and cogeneration plants. Julie also handled the negotiation, drafting, and analysis of all types of oil and gas contracts including joint operating agreements, farmouts, leases and surface use agreements, easements, and purchase and sale agreements.
Julie was a seasoned litigator with extensive experience in oil, gas, and geothermal litigation with particular emphasis in joint operation disputes, drainage, pooling, royalty valuation and other lease issues, quiet title and lease cancellation actions, and trade secrets disputes.
- Downey Brand, LLP, Oil, Gas and Mineral Practice Group, Former Partner; Former Executive Committee Member; Former Natural Resources Department Head
Oil & Gas
- Represented major and independent oil and gas and geothermal companies in the preparation of drilling, acquisition, division order, supplemental, and financing title opinions on onshore, offshore, private, state, and federal lands.
- Represented numerous 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 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 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.
Renewable & Traditional Energy
- Represented energy companies in connection with major acquisitions of numerous power plants and associated pipeline systems, including the negotiation and documentation of power purchase agreements, the negotiation and drafting of power plant site lease agreements, the conduct of real property title due diligence, and related transactional matters.
- 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.
- Represented oil and gas companies before County Board of Supervisors and County Planning Commissions on issues involving the drilling of wells and seismic permits, together with related potential litigation.
- Represented oil and gas companies in matters before the California Division of Oil, Gas and Geothermal Resources in connection with the securing of drilling permits and related matters, including in connection with a $150 million development project after the Division initially responded to Notices of Intent to Rework Wells by holding the drilling permits in abeyance.
- Represented oil and gas companies in property tax disputes relating to valuation of mineral interests.
- Obtained favorable judgment and $500,000 attorney’s fees award for clients on breach of confidentiality agreement and misappropriation of trade secret dispute.
- 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.)
- Represented oil and gas and energy companies in litigation regarding a broad range of real property title disputes, including quiet title actions, adverse possession and prescriptive rights claims, and Dormant Mineral Act actions.
- Represented oil and gas and energy companies in surface access and surface use disputes, including filing of temporary restraining orders and preliminary injunctions, as well as negotiating resolutions short of litigation.
- Represented major and independent oil and gas and energy companies in a broad range of transactional and operational disputes involving, for example, joint operating agreements, area of mutual interest agreements, exploration agreements, oil and gas leases, confidentiality agreements, pipeline and marketing agreements, and well abandonment and related environmental issues.
- Represented oil and gas and energy companies in litigation and alternative dispute resolution processes concerning royalty disputes, COPAS accounting procedures, post-production deductions, and related accounting issues.
- Obtained favorable appellate decision before the First District Court of Appeal holding that the scope of a county road right-of-way includes the right to install natural gas pipelines. (Bello v. ABA Energy Corp. (2004) 121 Cal.App.4th 301.)
- California Independent Petroleum Association, Associate Member
- Rocky Mountain Mineral Law Foundation, Member
- Bakersfield Association of Petroleum Landmen, Member
- Sacramento Petroleum Association, Member
- State Bar of California, Real Property Section, Member
- “Everything Old is New Again: Lease Maintenance Issues that Arise When Oil Prices Drop,” 62 Rocky Mt. Min. L. Inst. 20-1 (2016)
- The Landman Magazine, Volume XXXIX, No. 4, p. 39 “California Legal and Legislative Update and Environmental Due Diligence: Representations, Warranties and Indemnities in Acquisitions and Sales of Producing Properties”
- 36th Annual West Coast Landmen’s Institute, “We Know a Thing or Two Because We’ve Seen a Thing or Two: A Thirty Year Perspective on Title”
- Private Client, “Farmout Agreements and JOAs”
- Private Client, “Key Considerations for Farmout Agreements”
- Private Client, “Exploration Agreements in the Oil and Gas Industry”
- Private Client, “Surface Use and Right-of-Way Agreements in the Upstream Oil and Gas Industry”
- 32nd Annual West Coast Landmen’s Institute, “Actual, Constructive and Inquiry Notice When Conducting Title Due Diligence: Is it Ever Okay to Keep Your Head in the Sand?”
- 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”
- LAAPL, “Land and Legal Issues Related to Horizontal Drilling”
- Day Carter & Murphy LLP Bakersfield Breakfast Series, “There Will Be Blood: Dissection of the Pooling Clause”
- 24th Annual West Coast Landmen’s Institute, “Horizontal Well Issues”
- 22nd Annual West Coast Landmen’s Conference, “California Oil & Gas Law Update”
- 21st Annual West Coast Landmen’s Institute, “Acquiring Geophysical Data”
- Kern River Oil & Gas Series, “Boilerplate – Is It Really?”
- 18th Annual West Coast Landmen’s Institute, “Dealing with Bankruptcy in the Oil and Gas Field”
- 17th Annual West Coast Landmen’s Institute, “Ethical and Legal Standards Governing The Landmen’s Gift of Gab”
- 11th Annual West Coast Landmen’s Institute, “Environmental Due Diligence”