Mark L. Burghardt

Representative Transactions

• Represented client in a transaction to divest assets in Colorado, Wyoming, Oklahoma, and New Mexico
• Represented natural resource client in asset purchase of two rival operators in Utah
• Represented a utility-scale solar company in the acquisition and development of several projects in Utah
• Reviewed and updated lease agreements, surface use and damage agreements, rights-of-way, and easements for facilities, roads, pipelines, and wells for several major oil and gas companies
• Conducted due diligence and drafted transactional documents for acquisition of a 300 MW commercial solar project in Utah
• Represented the lender in a 500-million-dollar financing of a commercial geothermal project
• Represented a lender to evaluate and revise transactional documents in financing of distressed oil and gas operator
• Served as local counsel for a mining company in bankruptcy proceeding and worked with bankruptcy counsel and federal and state agencies to ensure proper maintenance and transfer of assets
• Drafted the purchase and sale agreement for acquisition oil and gas properties on federal lands in Wyoming
• Drafted global settlement agreement and represented purchaser in negotiations with the Ute Indian Tribe for the resolution of royalty and lease validity issues for tribal oil and gas leases
• Advised in the financing and drafted the security agreement and deed of trust for a large tar sands project

Litigation

• Successfully defended a lawsuit over the scope of a tax sale and defended an appeal at the Utah Supreme Court by overturning existing case law and establishing a new precedent, Jordan v. Jensen, 2017 UT 1
• Defeated a lawsuit brought by a natural gas producer to gain access under the Mineral Leasing Act to a natural gas pipeline transportation system in a federal unit
• Obtained a preliminary injunction and judgment for an oil producer against a pipeline operator in a dispute over the use of a natural gas transportation pipeline
• Represented operator in a successful challenge to IBLA appeal of a bonding decisions
• Represented several Utah counties in a quiet title action against the federal government to establish public ownership of several thousand roads on federal lands

Other Relevant Experience

• Advised on federal and state permitting and bonding requirements for natural resource, mining, and renewable energy clients
• Advised and represented oil and gas producer in meetings with BLM related to compliance with revised Onshore Order No. 3
• Directed multiple oil and gas companies on the location, permitting, and operations of oil and gas pipelines on federal, state and private lands
• Developed and maintained relationships with various state and federal agencies, including the BLM (state and field offices), DOGM, BOGM, and SITLA