How do I help clients with their energy, environmental & water law matters?

For more than four decades, I’ve helped clients address complex issues involving energy, environmental and water law by combining deep subject matter knowledge with practical, cost-conscious advice. Whether the matter involves litigation, regulatory proceedings, transactions or a novel legal question, I work closely with clients to understand their objectives, identify their options, and devise strategies that make business sense. I believe consistent communication is essential, so my clients always know where a matter stands and what we’re doing to move it forward.

Offering a robust and diverse practice to serve clients on an array of issues

Dale Cottingham advises clients across the full spectrum of energy, environmental and water law matters, representing oil and gas companies, municipalities, conservancy districts and other stakeholders before state courts, administrative agencies and regulatory bodies. His practice involves everything from complex commercial litigation, royalty and leasing disputes, pipeline condemnation and environmental matters to acquisitions, water rights, permitting and regulatory compliance.

Solving complex challenges with sound and insightful judgment

Known as a trusted resource for difficult and often novel legal questions, Dale draws on his deep and broad experience with creative problem-solving to develop pragmatic solutions tailored to each client’s business objectives. He carefully studies the facts, anticipates potential challenges, and presents clients with clear options, always mindful of controlling costs while protecting their long-term interests. As one client told Chambers USA, he’s “diligent and plugged in” and brings “a wealth of experience” … “ticking every box.”

Building trusted relationships across Oklahoma’s energy and water sectors

Dale’s longstanding relationships within Oklahoma’s energy, environmental and water communities provide valuable perspective when matters involve regulatory agencies or complex stakeholder interests. Clients frequently turn to him as their first call because they value not only his technical knowledge, but also his reputation for strategic thinking and the ability to resolve issues efficiently whenever possible. Sometimes that means simply making a phone call and asking a question of an industry professional or a government decisionmaker within the vast network of people he knows and with whom he works well.

Strengthening client service through leadership, teaching and speaking

The recipient of numerous awards and honors, Dale reinforces his practice through decades of leadership within Oklahoma’s legal community. As an adjunct professor teaching Natural Resources Law and Water Law, a frequent author and speaker, a past president of the Oklahoma Mineral Lawyers Society and co-chair of the firm’s Energy, Environment & Natural Resources Practice Group, he remains immersed in the legal developments shaping his clients’ industries. Teaching, writing and speaking also sharpen his own practice by challenging him to stay current on emerging issues while translating complex legal concepts into practical guidance.

What Clients Say about Dale

Experience

  • Recent Oil and Gas Royalty Class Actions and Related Matters 
  • McKnight v. Linn Operating, Inc., 10-CV-00300-R, in the United States District Court for the Western District of Oklahoma 
  • Unit Petroleum Co. v. Panola, Case No. CJ-07-215, in the United States District Court for Latimer County, State of Oklahoma 
  • Cimarex Energy Company, Oklahoma Corporation Commission Application Cause CD No. 201103741 
  • Unit Petroleum Co., Oklahoma Corporation Commission Application Cause CD No. 201103821 
  • Range Petroleum Company, Oklahoma Corporation Commission Application Cause CD No. 201105113 
  • Oxy U.S.A. – Managed investigation and remediation of interstate oil pipeline spill 
  • Crawley Petroleum Corporation v. Chesapeake Operating, Inc., Case No. CJ-2010-25, in the District Court of Ellis County, State of Oklahoma, Gas Balancing 
  • Lime Rock Resources A, L.P. et al. v. Chaparral Energy, Inc., et al., North Texas Oil and Gas Lease Litigation 
  • ONEOK: Gas Storage Condemnation 
  • ONEOK: Corporation Commission proceedings to protect gas storage area 
  • Protest Chaparral Application for Permission to Conduct CO2 Flood, CD No. 201203768, Oklahoma Corporation Commission 
  • Chesapeake Exploration, LLC., et al. v. BP America Production Company, Case No. CIV-10-0519-HE, in the United States District Court for The Western District of Oklahoma, Resolution of arbitration regarding BP Purchase of Woodford Shale assets 
  • Krug v. Helmerich and Payne, Case No. CJ-98-06012, in the District Court In and For Tulsa County, State of Oklahoma, Gas Drainage case 
*Past results afford no guarantee of future results. Every case is different and must be judged on its merits.

Credentials

  • Southern Methodist University Dedman School of Law, J.D., 1982
  • Oklahoma Baptist University, B.A., With Honors, 1979

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

  • Oklahoma Bar Association 
  • Oklahoma City Mineral Lawyers Society, President 2009-2010 
  • Texas Bar Association 

Honors & Awards

  • Martindale-Hubbell Lawyer Ratings, AV Preeminent
  • Chambers USA, Energy & Natural Resources and Environment (2013-present)
  • Benchmark Litigation, Oil & Gas and Energy (2015-2023)
  • Best Lawyers as Lawyer of the Year, Oklahoma City
  • Best Lawyers, Oil & Gas Law, Eminent Domain and Condemnation Law, Energy Law, Water Law and Litigation - Environmental (2011-2024)

Publications & Media

  • “The Jurisdiction of the Oklahoma Corporation Commission to Clarify its Spacing Orders and Any Fiduciary Duties Arising from Those Orders”, 82 Oklahoma Bar Association Journal 2028 (September 3, 2011) 
  • “Schedules of Use for Appropriated Streamwater”, 81 Oklahoma Bar Association Journal 1867 (September 4, 2010) 
  • “Compensation, Moral Claims, and the Decline of Riparian Rights.”, 31 Oklahoma City University Law Review 257 (2006) 
  • “Re-Entry of Existing Bore Holes and the Oklahoma Surface Damage Act”, OBA Mineral Law Section Seminar Materials (September 12, 1997) 
  • “The Right to Enter and Remediate under the Typical Oil and Gas Lease”, 67 Oklahoma Bar Association Journal 1087 (March 30, 1996) 
  • “Money Damages Versus Cleanup in Pollution Cases”, 48 Oklahoma Law Review 79 (1995) 
  • “An Abridged Primer on the Law of Public Nuisance”, 30 Tulsa Law Review 355 (1994) 
  • “Injuries to Land Resulting from Oil and Gas Operations: Measure of Damages”, 60 Oklahoma Bar Association Journal 3245 (December 30, 1989) 

Professional Experience

Dale’s most recent experience includes:

  • Oil and gas royalty class actions 
  • Leasing disputes in the Barnett shale in Tarrant County, Texas 
  • Joint Operations disputes 
  • Field Wide Unitization 
  • CO2 Unitization 
  • Gas Balancing disputes 
  • Clarification of Spacing Orders 
  • Interstate Oil Pipeline Spills 
  • Challenge to Oklahoma’s laws prohibiting the export of water out of state 
  • Groundwater and Stream Water Permitting 

Areas of Experience

  • Remediation of Contaminated Sites 
  • Resolution of Pollution Complaints at the Oklahoma Corporation Commission 
  • Aquifer Pollution/Soil Pollution Lawsuit 
  • Public and Private Salt Water Disposal Permitting 
  • Co2 Operations/Unitization 
  • CO2 Purchase Agreements 
  • Soil Farming Permitting
  • Annular Injection of Drilling Mud 
  • Field Wide Unitization 
  • Disputes Involving Allowables 
  • All Phases of Gas Balancing Disputes 
  • Gas Measurement Disputes 
  • Oil & Gas Surface Damages Act Disputes 
  • Habendum Clause Disputes 
  • Royalty Disputes 
  • Pugh Clause Disputes 
  • Free Gas Clause Disputes 
  • Implied Covenant to Protect Against Drainage 
  • Implied Covenant to Market 
  • Implied Covenant to Develop 
  • Disputes over Operations 
  • Joint Operating Agreement Disputes 
  • All Phases of Joint Operating Agreements 
  • All Phases of COPAS Disputes 
  • All Phases of IADC Drilling Contract Disputes 
  • Protection of Gas Storage Units 
  • Permitting of Gas Storage Units 
  • Condemnation for Purposes of Gas Storage 
  • Gas Storage Agreements 
  • Drilling Rig Collapse Disputes 
  • Quiet Title Disputes 
  • Oil & Gas Revenue Accounting Disputes 
  • JIB Collection Disputes 
  • Pipeline Condemnation 
  • Stream Water Permitting 
  • Groundwater Permitting 
  • Large Scale Interbasin Water Transfers