Mr. Hunter represents oil and gas companies. His practice includes litigation before federal and state courts and agencies, statutory and regulatory counseling, and contract preparation and review.
As leader of the firm's federal oil and gas practice area, Mr. Hunter provides advice and representation pertaining to the major federal statutes and regulations governing oil and gas activities on federal lands. These include the Outer Continental Shelf Lands Act, the Mineral Leasing Act, the False Claims Act, the Oil Pollution Act, the Marine Mammal Protection Act, the Federal Oil and Gas Royalty Management Act, the Federal Oil and Gas Royalty Simplification and Fairness Act, the Deep Water Royalty Relief Act, the National Historic Preservation Act, the Foreign Investment and National Security Act, and related regulations. Mr. Hunter has represented federal lessees in numerous judicial proceedings, including actions brought pursuant to the False Claims Act, actions for judicial review of final Interior Department decisions, challenges to federal regulations, and actions for immediate injunctive relief. In addition, he has defended federal oil and gas lessees in more than 100 administrative appeals relating to royalty claims, lease suspensions, lease maintenance, operational requirements, Incidents of Noncompliance (INCs), and civil penalty assessments.
Mr. Hunter's experience also extends to oil and gas issues arising under state law, including the interpretation of joint operating agreements, payment of royalties, lease maintenance, lease development, assignment of lease interests, and intrastate pipeline regulatory matters. He has tried royalty, contract, and expropriation disputes in federal and state courts and in arbitration.
Mr. Hunter's notable cases include:
Federal Leasing Cases
· Exxon Mobil Corp. v. Salazar, No. 2:11-cv-01474 (W.D. La.) (settled) (challenging final Department of the Interior decision denying request for suspension of production for deep water unit).
· Kerr-McGee Oil & Gas Corp. v. U.S. Dep't of Interior, 554 F.3d 1082 (5th Cir. 2009) (held "price threshold" lease provisions inserted by Department of the Interior violated the the Deep Water Royalty Relief Act and were therefore unenforceable).
· United States ex. rel. Little v. Eni Petroleum, Co., 2007 U.S. Dist. LEXIS 61942 (W.D. Okla. 2007) (granting motion to dismiss federal royalty qui tam action).
· Santa Fe Snyder Corp. v. Norton, 385 F.3d 884 (5th Cir. 2004) (held Department of the Interior regulations that imposed volumetric limitations on deep water royalty relief violated the Deep Water Royalty Relief Act and were therefore unenforceable).
· Shell Offshore Inc. v. Babbitt, 238 F.3d 622 (5th Cir. 2001) (obtained reversal of Interior refusal to allow tariff-based transportation allowances in calculating offshore royalty payments).
· Phillips Petroleum Co. v. Johnson, 22 F.3d 616 (5th Cir. 1994) (successfully challenged Interior's reliance on internal manual to value natural gas liquids for royalty purposes).
· BP Exploration & Production Inc., 172 IBLA 3 72 (2007) (obtained 85% reduction in civil penalty assessment arising from offshore INCs).
· Conoco Inc., MMS-9 8-0164-OCS (2001) (established t hat OCSLA Section 6 lessee was entitled to deduct gas processing costs in computing natural gas royalties).
· Amoco Production Co., MMS-99-0053-O&G (2001) (reversed MMS royalty payment order disallowing the deduction of transportation costs and directing payment on flash gas volumes).
· Amoco Production Co., 148 IBLA 255 (1999) (reversed MMS order that required lessee to pay natural gas royalties based on affiliated purchaser's resale price).
Additional Oil and Gas Cases
· Bois D'Arc Energy, Inc. v. BHP Billiton Petroleum (Deepwater), Inc., 2008 WL 2080747 (E.D. La.) (5/16/08) (obtained summary judgment dismissing claim for breach of contract and liquidated damages arising from offshore oil and gas contract).
· Weyerhaeuser Co. v. Hinton, 225 Fed. Appx. 332 (5th Cir. 2007) (defeated claim that Louisiana mineral servitude had prescribed).
· Board of Commissioners v. Estate of Elizabeth Smith, 881 So. 2d 811 (La. App. 4 Cir. 2004) (defeated challenge by Orleans Levee Board to mineral lessees' fifty-year ownership of leasing rights affecting Stone Island).
· Acadian Gas Pipeline System v. Bourgeois, 890 So. 2d 634 (La. App. 5th Cir. 2004) (expropriation of servitude for pre-existing pipeline on landowner's land).
· PennzEnergy Co. v. Wells, 31 Fed. Appx. 158 (5th Cir. 2001) (obtained summary judgment defeating claim for royalties under Louisiana law).
Mr. Hunter is a frequent lecturer and organizer for energy law programs, including those presented by the Rocky Mountain Mineral Law Foundation, for which he has served as a Trustee and member of the Executive Committee. Mr. Hunter has also served as an Adjunct Assistant Professor of Law at Tulane University Law School, teaching basic Oil and Gas Law and a seminar on Federal Offshore Oil and Gas Law.
Honors & Affiliations:
· Chambers USA America's Leading Lawyers for Business, 2005-2013
· The Best Lawyers in America, 2007-2014
· Best Lawyers ' 2013 New Orleans Energy Law "Lawyer of the Year"
· Louisiana Super Lawyers, 2008-2013
· Tulane University Law School - Adjunct Assistant Professor of Law, 2001-2008 (Oil and Gas Law; Federal Offshore Oil & Gas Law)
· Louisiana Mineral Law Institute Advisory Council (2008-present)
· Rocky Mountain Mineral Law Foundation: Treasurer, 2007-2009; Executive Committee 2005-2009; Trustee-at-Large, 2002-2007; Co-Chair and Lecturer, Short Course on Federal Offshore Oil and Gas Leasing and Development, 2003-present; Co-Chair, Special Institute on Oil and Gas Development on the Outer Continental Shelf, April 2002
· New Orleans, Louisiana State, and American Bar Associations - Member
· Rocky Mountain Mineral Law Foundation Short Course on Federal Offshore Oil and Gas Leasing and Development, Co-Chair and Presenter ("Setting the Legal Framework: The OCSLA, Continuing Issues of Federal/State Authority, and the Role of the Department of the Interior;" "Adjacent State Law as Surrogate Federal Law for the OCS;" "Lease Suspensions;" "Assignments and Transfers of Offshore Leases;" "Liability of Predecessors, Successors and Assigns;" "Current Offshore Leasing Litigation Topics"), 2003, 2004, 2006, 2009, 2013
· "Searching For A Square Corner: A Royalty Lawyer's Look At Valuation, Ethics, and Legal Advice," Rocky Mountain Mineral Law Foundation Special Institute on Federal and Indian Royalty Valuation and Management, February 2004
· "Practice Under the Deepwater Royalty Relief Act," The Energy Law Institute for Attorneys and Landmen, Houston, 2003
· "Offshore Gumbo: NTLs, FPSOs, OMM, MMS - 2005, OSFR, DWWR, SOOs, SOPs, Etc. - Current Offshore Regulatory and Due Diligence Issues For The Land Professional," AAPL Annual Meeting, New Orleans, 2000
· "Lease Maintenance After the Primary Term," 41st Louisiana Mineral Law Institute, 1994
· Gulf Of Mexico Lease "Price Threshold" Conditions Held Unlawful
· "OCS Update," 57th Louisiana Mineral Law Institute, 2010
· "From the Thin Air to the Deep Water: Emerging Federal Royalty Issues," 55th Rocky Mountain Mineral Law Institute, 2009
· "From President Truman To Governor Blanco: The Continuing Saga Of Federal-State Revenue Sharing," Rocky Mountain Mineral Law Foundation Special Institute On Federal And Indian Oil And Gas Royalty Valuation And Management, March 2007
· "View From The Platform-The Coastal States' Impacts On The Federal Offshore Leasing Program," 58th Annual Oil and Gas Law Conference of the Institute for Energy Law, February 2007
· "Operator Liability in the 21st Century: Is Being in Charge Still Worth It?," with Cheryl Kornick, 51st Rocky Mountain Mineral Law Institute, 2005
· ABA Section of Natural Resources, Energy and Environmental Law (Louisiana Law Section), Year In Review 1997-1999
· Louisiana Royalty Disputes, Nat. Resources and Env't., Vol. 12, No. 1, 1997