Overview
Foster Swift's oil and gas team has provided legal services to the industry for decades.
Our attorneys have deep experience in oil and gas regulatory matters, title review and opinions, energy sales and acquisitions, environmental regulatory compliance and due diligence to name just a few. The attorneys' diverse experience allows them to assist many of Michigan's independent E&P companies. The firm has represented clients in various positions in the energy production line including investors, exploration and production companies, drilling companies, and service providers.
Foster Swift was named a Tier 1 firm in Oil and Gas Law and Energy Law in Lansing by U.S. News – Best Lawyers® "Best Law Firms" in 2017 and 2025.
EXAMPLES OF SERVICES
Business
- Regulatory representation before the Supervisor of Wells in drilling unit formation, statutory pooling, secondary recovery projects, unitization as well as all other matters within the Supervisor’s jurisdiction.
- Contract drafting including, Master Service Agreements, Joint Operating Agreements, contracts for AMI (Area of Mutual Interest), Assignments of interest, Royalty agreements.
- Exploration Agreements and leasehold acquisition agreements.
- Sale and acquisition of oil and gas interests and equity interests within Michigan.
- Representation of publicly traded oil and gas development company.
- Finance issues related to the oil and gas industry.
- Corporate counsel, including advice on corporate governance matters.
- SEC registration statements and SEC reporting, which has unique standards for the oil and gas industry.
- Organizational documents for all types of business entities.
- Loan document review and counsel.
- Private Placement Memoranda to raise funds for leasehold acquisition and drilling.
- State tax issues.
- Estate planning for principals of energy companies.
Litigation
- Litigation including every aspect of lease interpretation, contract interpretation regarding purchase and sale and supply agreements, Joint Operating Agreements, Master Service Agreements, royalty disputes, disputes over ownership of working interests, disputes regarding service charges such as compression and transportation, disputes arising out of drilling operations, sale of large leasehold interests and environmental matters.
- Resolution of disputes over ownership of oil and gas interests.
- Lessor and lessee disputes regarding payment of royalties and allocation of costs and expenses.
- Processing agreement disputes.
- Disputes between producers and treatment plants.
- Litigation with royalty owners and producers over applicable charges to the lease for the treatment of oil and gas (and allocation of gas and by-products to each producer).
- Disputes over ownership interest in conjunction with the longest directional drill in Michigan.
- Negotiation on air pollution permits for gas sweetening facilities.
- Litigation on air pollution claims for gas sweetening facilities.
- Contested cases/litigation on NPDES and MEPA claims involving oil and gas companies.
Administrative & Regulatory
- Administrative matters before the Michigan Supervisor of Wells.
- Regulatory compliance with the Forestry Division and Mineral Management Section of the Michigan DNR.
- Regulatory matters before the Michigan Public Service Commission.
