Over the last several years there has been increasing focus on the exploration, development and use of natural resources. Among other things, there has been increasing scrutiny at the federal, state and local level regarding oil and gas exploration and development, including various aspects of the drilling and production processes.

We have substantial experience with respect to the regulation of various types of natural resource development, including both oil and gas and various renewable resources such as wind. We have advised a wide range of clients – including trade associations and individual companies – on a variety of issues regarding the regulation of oil and gas development activities and have represented clients in rulemaking proceedings and other administrative, legislative and judicial proceedings at the federal, state and local level.

Our work has included advising clients on issues being raised in various parts of the country with respect to the development of unconventional sources of energy, such as the Marcellus Shale in New York and Pennsylvania, including issues with respect to the potential impact of the development of these energy resources on surface and groundwater. In this connection, we have advised a number of clients on issues relating to hydraulic fracturing, which involves pumping fluids into a well bore at a high-enough pressure to create fractures that will enhance oil and gas recovery, and have represented clients in the U.S Supreme Court and other federal courts in connection with efforts to regulate hydraulic fracturing under the federal Safe Drinking Water Act.

In addition, we have extensive experience with claims for damages to natural resources under the Comprehensive Environmental, Response, Compensation and Liability Act as well as various state laws. For example, in 2008 we handled a mammoth case that involved more than $3.5 billion dollars in Natural Resource Damages (NRD) claims in multiple states around the country.* We are also handling NRD claims asserted by states such as New Hampshire, New Jersey and the Commonwealth of Puerto Rico. In most NRD cases, we attempt to pursue reasonable settlements, but we are also prepared to litigate if necessary and can draw from the resources of our highly ranked litigation department (Band 1, Chambers USA 2008: Texas). With one of the largest environmental practices in the country, we are able to match the appropriate lawyers with each task at hand to avoid learning curve costs and promote lean staffing on client matters.

Moreover, since natural resources issues frequently crop up in the oil and gas sectors, one of our key advantages includes our long-standing heritage in oil and gas issues. Who's Who Legal named Baker Botts "Global Firm of the Year for Oil and Gas" for three years in a row, and one of our Global Projects lawyers has been twice named "International Lawyer of the Year" for Oil and Gas by The International Who's Who of Business Lawyers.

We have a proven track record of success in several other areas of natural resources law, including:

• Assisting with National Environmental Policy Act (NEPA) review and federal/state environmental permitting for several onshore and offshore LNG terminal and natural gas pipeline projects in applications before the Coast Guard, Federal Energy Regulatory Commission, the Army Corps of Engineers and other agencies
• Defending a major manufacturer and obtaining a favorable global settlement in a Superfund action brought by the U.S. Department of Justice and the Texas Attorney General's Office for natural resource damages and response actions associated with mercury in bay sediments
• Assisting energy companies and developers in complying with the Endangered Species Act and various other wildlife laws in connection with the construction and operation of power plants, wind energy facilities and other types of developments.

Our experience includes:

• Federal wildlife laws, including the Endangered Species Act (ESA), the Marine Mammal Protection Act and the Migratory Bird Treaty Act
• Exploration and Production
• Hydraulic Fracturing
• Mining Industry Issues
• National Environmental Policy Act (NEPA)
• Natural Resource Damages (NRD)

For a more complete description of our experience, please click here.