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May 13, 2021 COLORADO COURT OF APPEALS – AFFIRMS OIL AND GAS WIN IN BOULDER COUNTYpdf
On May 13, 2021, the Colorado Court of Appeals affirmed Crestone Peak Resources Operating, LLC’s defeat of Boulder County in a lawsuit challenging several of Crestone’s oil and gas leases in a published and precedent-setting opinion. Jost Energy Law, P.C. and co-counsel, Wheeler Trigg O’Donnell, successfully argued that the “commercial discovery rule” of production from oil and gas leases applies to prevent termination of such leases when an Operator is presented with certain events outside of its control. The Court of Appeals agreed with Crestone’s position and formally adopted the “commercial discovery rule” in a unanimous opinion. This positive outcome supports the needed recognition that real and personal property rights are valid and meaningful in Colorado and confirms the potential for future energy development in eastern Boulder County. The Colorado Court of Appeals opinion can be found on the attached document.