Litigation
Day Carter & Murphy LLP’s experienced litigators protect clients’ rights in state, federal, and administrative courts throughout California. Collectively, DCM’s attorneys offer sixty years of experience litigating disputes particular to the oil, gas, mining, energy, wind, solar, and natural resources fields. This industry-specific expertise enables DCM’s litigators to more effectively advocate for clients. DCM’s attorneys have a heightened ability to explain and describe complex industry issues and subjects to judges, arbitrators, mediators, and opposing parties in a clear and persuasive manner.
While DCM’s litigators are frequently successful in resolving disputes short of trial, they are also very familiar with the courtroom. DCM’s attorneys litigate temporary restraining orders, preliminary injunctions and dispositive motions, and try cases in the courtroom before judges and juries. DCM’s litigators handle appeals after trial and have successfully argued before numerous appellate courts throughout the state, leading to some of the more recent published oil and gas appellate decisions in California.
The following is a representative list of subject areas where the Firm has successfully handled litigation:
- Adverse possession
- Boundary disputes
- CEQA and NEPA issues
- Complex Contracts
- Condemnation and eminent domain proceedings
- Confidentiality agreements
- Consulting agreements
- Construction-related issues, including design defects
- COPAS accounting issues
- DOGGR regulations
- Dormant Minerals Act actions
- Exploration agreements
- Express and implied covenants associated with exploration and development
- Farm-out agreements
- Gas marketing agreements
- Gas storage leasing and permitting
- Joint operating agreements
- Landlord/tenant issues
- Lease disputes
- Natural gas pipeline ownership and operating issues
- Options to lease or purchase property or mineral rights
- Quiet title actions
- Royalty valuation
- Scope of easements and related issues
- Solar leases
- Solar power purchase agreements
- Seismic permitting
- Surface access issues
- Tax valuation issues
- Title disputes
- Trade secret disputes
- Unit and pooling agreements
- Well abandonment obligations
- Wind leases
- Wind power purchase agreements
REPRESENTATIVE 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.
Litigated multiple disputes before the California Public Utilities Commission (CPUC), including appeals of CPUC decisions.
Represented public utility in acquisition by eminent domain of property rights necessary for the construction and operation of a natural gas storage project.
Represented public entities, oil and gas companies, and private individuals in eminent domain actions.
Represented oil and gas companies in property tax disputes relating to valuation of mineral interests.