How do I provide energy companies with litigation services and other comprehensive counsel?

Energy and environmental matters often involve a blend of overlapping business, regulatory and litigation components, and I enjoy guiding clients through the resulting challenges. Over the course of my career, I’ve handled just about every type of issue that can arise in the energy and environmental space, allowing me to step into matters and assist my clients effectively at virtually any stage.

Representing energy clients across litigation, regulatory proceedings and day-to-day operational concerns

Mark’s practice centers on the energy industry, where he represents clients ranging from publicly traded integrated energy companies and upstream producers to midstream operators, downstream refiners, oilfield service companies, privately held companies and mom-and-pop operators. A litigator, he also handles pollution matters before the Oklahoma Corporation Commission, and provides ongoing business counsel to clients. This combination allows him to remain involved with clients as their legal needs evolve, rather than only when disputes arise.

Litigating royalty and other complex oil and gas disputes

While Mark handles disputes of all types, he has an extensive background in high-stakes royalty litigation, including class actions involving alleged underpayment and late payment of oil and gas royalties. These cases often turn on varying lease language, gas quality and marketability issues, and the necessity and reasonableness of post-production activities, requiring a detailed understanding of both the legal and operational aspects of oil and gas production. Mark also offers a valuable regional perspective, having tried matters in Oklahoma, Texas, Louisiana, Kansas and Arkansas.

Guiding clients through Oklahoma’s increasingly important water law issues

As demands for Oklahoma’s water resources continue to grow, so have disputes over water rights and permitting. Few Oklahoma attorneys can match Mark’s level of experience representing clients before the Oklahoma Water Resources Board in contested water proceedings involving both groundwater and stream water. When permit applications are challenged, he leads clients through evidentiary hearings addressing competing water uses, regulatory requirements and technical issues.

Demonstrating thought leadership in environmental and natural resources law

Mark is a Fellow of the American College of Environmental Lawyers, an invitation-only organization with a very small number of members in Oklahoma. He is also a frequent author and speaker on energy, environmental and natural resources issues, contributing to legal publications and presenting at conferences sponsored by organizations including the American Bar Association and Oklahoma Bar Association.

Credentials

  • University of Oklahoma, J.D., Order of the Coif, 1983
    • Oklahoma Law Review, Note Editor
  • University of Oklahoma, B.A., Special Distinction, 1980
    • Beta Gamma Sigma

  • Oklahoma
  • U.S. Court of Appeals Fifth Circuit
  • U.S. Court of Appeals Tenth Circuit
  • U.S. District Court Eastern District Oklahoma
  • U.S. District Court Northern District Oklahoma
  • U.S. District Court Western District Oklahoma
  • U.S. District Court Eastern District Arkansas
  • U.S. District Court Western District Arkansas
  • U.S. District Court Eastern District Texas
  • U.S. District Court Northern District Texas
  • U.S. District Court Southern District Texas
  • U.S. Supreme Court

  • Fellow and former regent, American College of Environmental Lawyers
  • Mineral Lawyers Society of OKC (1985 – Present)
  • Luther Bohanan Inn of Courts (1998 – 1999)
  • Oklahoma Bar Association Section of Mineral and Environmental Law
  • Oklahoma Independent Producers Association Regulatory and Environmental Committee
  • Delta Theta Phi
  • American Bar Association
    • Section of Environment, Energy and Resources (Environmental Litigation and Toxic Torts Committee, Oil and Gas Committee, Water Resources Committee)
    • Section of Administrative Law and Regulatory Practice
    • Section of Litigation

Honors & Awards

  • Ranked in Chambers Band 1 in Energy & Natural Resources (2008 - Present)
  • Ranked in Chambers Band 2 in Environment (2014 - Present)
  • Best Lawyers, CleanTech Law, Energy Law, Energy Regulatory Law, Environmental Law, Litigation - Environmental, Mass Tort Litigation/Class Actions - Defendants, Natural Resources Law, Oil and Gas Law, Water Law (2001 - Present)
  • Named Best Lawyers Lawyer of the Year (OKC) in Environmental Law (2015, 2021, 2024)
  • Named Best Lawyers 2019 Lawyer of the Year (OKC) in Energy Regulatory Law
  • Named Best Lawyers 2020 Lawyer of the Year (OKC) in Energy Law
  • Ranked in Super Lawyers (2006 - Present)

Publications & Media

  • The Basics of Oklahoma Water Law – What Every Practitioner Should Know (Co-Author), the Oklahoma Bar Journal, Volume 80, No. 23, September, 2009
  • Co-Author – Water Law Chapter of the Environmental Law Handbook (published by the Environmental Law Section of the OBA, 2009
  • Admissibility of Expert Testimony in Oil & Gas Pollution Cases (Co-Author), Eugene Kuntz Conference on Natural Resources Law & Policy sponsored by OBA Mineral Law Section and the University of Oklahoma, November 18, 2005
  • Money Damage Versus Cleanup in Pollution Cases (Co-Author), Oklahoma Law Review, Vol. 48, Spring, 1995
  • An Abridged Primer on the Law of Public Nuisance, Tulsa Law Journal, Vol. 30, Winter, 1994
  • Injuries to Land Resulting from Oil and Gas Operations: Measure of Damages, 60 OBAJ 3245, No. 48, 1989
  • The Oil and Gas Operator’s Duty to Protect Non Operators from Drainage, 59 OBAJ 3675, No. 49, 1988
  • Surface Damages, Operators and the Oil and Gas Attorney, Oklahoma Law Review, Vol. 36, Spring, 1983

  • Speaker, “Current Developments in Oil and Gas Law,” Oklahoma Bar Association hosted CLE, May 17, 2013, Oklahoma City, OK
  • Speaker, “Current Developments in Oil and Gas Law,” Oklahoma Bar Association hosted CLE, May 16, 2013, Tulsa OK
  • Speaker, “When Is Water Regulation A Taking?,” 6th Annual Oklahoma Water Law Conference, April 11, 2014, Oklahoma City, OK
  • Panelist, “Pitfalls to Avoid During the Exploration and Production Phases of an Oil and Gas Prospect,” Oil and Gas Rights in Oklahoma, April 16, 2014, Oklahoma City, OK
  • Speaker, “Water Litigation in Oklahoma,” 7th Annual Oklahoma Water Law Conference, April 23, 2015, Oklahoma City, OK
  • Speaker, “Water Litigation in Oklahoma,” Water Rights in Oklahoma Seminar, June 2, 2015, Oklahoma City, OK
  • Speaker, “Earthquake Litigation in the Oilfield,” Crowe & Dunlevy’s Avoiding a Shakedown: Induced Seismicity and the Legal, Regulatory and Operational Impacts of Earthquakes in Oklahoma, July 16, 2015, Oklahoma City, OK

  • Oil and Gas Lawyers’ Guide to Environmental Issues, “State Common Law Pollution Claims as They Affect Transactional Matters”, American Bar Association, Section of Natural Resources, Energy and Environmental Law, 1994
  • Environmental Laws and Issues in the Oil and Gas Industry, Oklahoma Bar Association Seminar, 1991 Damages in Pollution Cases, Oklahoma Bar Association Seminar, 1990
  • The Troubled Operator: Protecting the Rights of Non-Operating Working Interest Owners, Contractors and Subcontractors Against the Bankrupt Operator, Oklahoma Bar Association Seminar, 1986
  • Various American Bar Association, Oklahoma Bar Association and Oklahoma City Mineral Lawyer

Community Service

  • Trinity Legal Clinic of Oklahoma City, Pro Bono legal services for the homeless/indigent (2010)
  • Oklahoma Bar Association Tornado Relief Assistance (1996 – 1997)