Energy Law

Rosen Harwood has been a leader in energy law in Alabama since the early 1980s. Our energy attorneys have been involved in all aspects of onshore oil and gas development, and are active in representation of those with interests in coal and hard mineral development.

Rosen Harwood understands the industry and the services that it needs to function efficiently. We are able to provide high quality, cost effective service to our energy clients across a broad range of specialties such as finance, title, acquisitions and divestitures, oil and gas board representation, bankruptcy, tax, other regulatory representation, environmental matters and litigation.

Oil and Gas Exploration and Development

Our oil and gas exploration, development and production clients include major and independent oil, natural gas, and coalbed methane companies, together with energy service companies. We also represent financial institutions and privately held institutions that provide financial services to exploration and production companies.

Our exploration and production attorneys possess many years of experience handling transactions involving all types of energy assets, including coal, oil and gas, and coalbed methane. We bring together attorneys with a deep understanding of the mechanics of oil and gas wells and coal mines with attorneys who can implement the complex structured financing often necessary for such projects.

Our attorneys provide the full range of services needed by oil and gas operators, including land and title services for drill site and production area operations and regulatory work to secure needed permits. We regularly take on the difficult task of assisting operators and purchasers of product as they sort out conflicting claims of royalty owners. We have assisted clients with the construction of major pipelines and other energy related assets as well as the financing related to all of these activities. We have extensive experience in the preparation and negotiation of drilling, exploration and joint operating agreements, farmout and farm in agreements, pooling and unitization agreements, joint venture agreements, net profit interest agreements, and the other unique and challenging agreements needed to pull together a development program and see it to completion. Our energy attorneys appear regularly before regulatory agencies, including the Alabama Oil and Gas Board which is located in Tuscaloosa. We assist clients with planning the regulatory aspects of development in Alabama, assist with permitting and transfer of operations, and handle both contested and uncontested matters on the Board’s periodic dockets, including force integrations, reformation of drilling or production units, exceptional locations, and amendments to special field rules.

Pipeline Services

As counsel for the largest municipally owned gas distribution company in the state and for an Alabama-based independent refining company, Rosen Harwood attorneys have extensive experience in the construction of pipelines and related facilities and all regulatory aspects related to ownership and operation of pipelines. We have recently assisted a client in the acquisition, including condemnation, of land rights for construction of a large products pipeline in central Alabama and have advised clients on the construction of a number of significant natural gas transmission and distribution lines over the last twenty years. We have also assisted clients in all phases of pipeline finance and construction, including issues relating to tax, environmental, employment and regulatory matters.

Deregulated Energy Markets

Rosen Harwood attorneys represent producers and users of natural gas. We have familiarity with ISDA, NAESB, gas purchase and sale agreements, and structured agreements providing for construction of gathering and distribution facilities. We have also participated in significant structured energy transactions including natural gas prepaid transactions, long-term supply contracts, and the financings related thereto.

Energy Acquisitions and Divestitures

A major area of Rosen Harwood’s energy practice is helping clients buy, sell, and restructure their energy holdings. These transactions cover the full spectrum of A&D activities, including representation of buyers of royalty interests, ORRI, the purchase and sale of energy service companies, as well as the purchase and sale of oil and natural gas producing and non- producing properties. Some transactions involve multiple commodities – oil, gas, coal, iron ore, limestone and timber- in many states, whereas others focus more narrowly on the wells in a particular field. We help clients understand the best structure for the transaction and the multiple considerations, business, liability, tax and otherwise, that are involved.

Energy Finance

Rosen Harwood is a recognized leader in Alabama for expertise in matters concerning energy lending. We regularly provide advice to banks seeking to secure energy packages with Alabama assets, not only on matters of proper securitization, but also with ways to reduce the impact of deed, mortgage and other taxes and preparing the proper petitions for mortgage and deed tax allocation for collateral represented by properties inside and outside the State of Alabama. The firm’s attorneys work extensively to implement the complex loan structures covering exploration, development, refining, pipeline and marketing activities. We have participated in the financing of energy projects using a wide variety of financing mechanisms such as prepaid natural gas transactions, production payments, hedging arrangements, security and inter-creditor arrangements, net profits interest, taxable and tax exempt bond transactions, subordinated debt and the like. We have worked with clients in the restructuring of their debt, including negotiation with both secured and unsecured creditors as an alternative to bankruptcy. Our bankruptcy attorneys regularly protect the rights of creditors in bankruptcy court.

Renewable and Alternative Energy Projects

Rosen Harwood attorneys represent multiple clients involved in the emerging renewable and alternative energy projects market, including the production and sale of landfill gas and electricity co-generation. Our attorneys are involved extensively in the carbon credit market, representing sellers of carbon reduction ton credits (CRTs) on the California Climate Registry, and the potential sale of renewable energy credits (RECs) when such sales are allowed from Alabama sources.

  • Energy/Utility Regulation and Compliance
  • Energy Acquisitions and Divestitures
  • Energy Finance Transactions
  • Deregulated Energy Markets
  • State and Federal Agency Relations
  • Oil and Gas Exploration and Development
  • Pipeline Services
  • Oil and Gas Leases and Acquisitions
  • Oil and Gas Title Opinions
  • Hard Mineral Leases and Acquisitions
  • Mineral Title Opinions
  • Renewable and Alternative Energy Projects
  • Landfill to Electricity Projects
  • Carbon Credits
  • Renewable Energy Credits