Tracy K. Hunckler

Oil & Gas

• Counsel major and independent oil and gas companies in all matters of legal and regulatory compliance affecting the exploration and production industry, including permissible royalty deductions, subsurface pass-through rights, oilfield development, project permitting and development and related Subdivision Map Act compliance, SB4 compliance, waste treatment and disposal, etc.
• Represent 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 oil and gas companies in complex offshore leasing proposals and related title due diligence for financing transactions.
• Advise 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.
• Represent clients on aquifer exemptions and other permitting issues.
• Advise 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.

Renewable & Traditional Energy

• Represent energy companies on various issues involving carbon capture and sequestration in the State of California.
• Represent 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 company in dispute with landowners over alleged misrepresentations in lease negotiations, with successful result of no lease modification and recovery of attorney’s fees for wind company.
• Represent 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.

Litigation

• 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.
• 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.)
• Obtained dismissal with prejudice after opening statements at trial in action relating to breach of mineral grant deed, slander of title, breach of fiduciary duty and constructive trust.
• 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.)
• Represented project applicant in the Ninth Circuit Court of Appeals on claims under the Clean Air Act.
• Represented Raley's grocery chain in appeal relating to agency authority issues for partnership Super Store Industries. (Raley's v. Winter (2000) Third District Court of Appeals Case No. C030711.)
• Represented oil and gas company in appeal of Kern County's taxation of non-producing oil, gas and mineral rights. (California Minerals, L.P. v. County of Kern (2007) 152 Cal.App.4th 1016.)
• Obtained favorable trial court ruling that was affirmed on appeal granting motion to quash service of summons on oil and gas company based on running of the statute of limitations. (Horan v. Key Production Co. (2002) 2002 Cal.App.Unpub. LEXIS 9466.)
• Represent clients in real property litigation, including disputes relating to easement rights, adverse possession and purchase and sale agreements.
• Represented client in dispute involving claims of interference and unfair business practices based on client’s taking of a top lease.
• Represented client in dispute involving termination of oil and gas lease due to cessation of production.
• Represent clients in personal injury actions arising from oil field operations, including premises liability and defective design issues.
• Represent clients in Probate court to resolve title and other matters relating to oil and gas interests that are held or distributed pursuant to trusts or wills.
• Represented clients that have suspended the payment of royalties by interpleading the funds with the Court pending resolution of the related title dispute.