Carlin A. Yamachika

Carlin Yamachika is a partner in the Firm's Oil & Gas and Renewable & Traditional Energy practice groups.  Carlin routinely provides general advice to oil and gas companies with respect to their day-to-day operations in California and the Pacific Northwest.  She has significant experience preparing oil, gas, and mineral title opinions, including drillsite, supplemental, acquisition, and division order title opinions covering private, state, and federal lands.  In addition, she regularly conducts due diligence for major acquisitions of oil and gas and wind leases, fee properties, and pipeline systems.  Carlin has negotiated and drafted agreements for complicated transactions on behalf of the Firm's oil and gas and renewable energy clients, such as joint operating agreements, farmouts, surface use agreements, wind leases, easements, and purchase and sale agreements.  Carlin also advises clients in the development of natural resources projects, with a specific emphasis on real estate matters.

PRIOR PROFESSIONAL EXPERIENCE

• Stoel Rives LLP, Portland, Oregon, Natural Resources Group, Associate Attorney (2006-2007)
• Downey Brand, LLP, Sacramento, California, Oil, Gas and Mineral Practice Group, Associate Attorney (1999-2006)

MEMBERSHIPS

• California Independent Petroleum Association, Associate Member
• Rocky Mountain Mineral Law Foundation, Member
• Bakersfield Association of Petroleum Landmen, Member
• State Bar of California, Real Property Section, Member
• Oregon State Bar, Member

CHARITABLE

• Oregon Humane Society, Volunteer (September 2008 – 2010)
• Legal Aid Services of Oregon, Pro Bono Volunteer (2007)
• Challenge Air for Kids and Friends, Volunteer (August 2007)
• Voluntary Legal Services of Northern California, Wills Clinic, Pro Bono Volunteer (2004 - 2006)

• Represent major and independent oil and gas, geothermal, and energy companies in a full range of title, due diligence, and transactional matters as part of numerous acquisitions of producing and non-producing properties, to date the collective value of which has been in the billions of dollars.

• Represent major and independent oil and gas and geothermal companies in the negotiating, drafting, and analysis of all types of operational and transactional agreements, including purchase and sale agreements, joint operating agreements, unit agreements, farmout agreements, development and exploration agreements, leases, surface use agreements, easements, and power purchase agreements.

• Represent major and independent oil and gas and geothermal companies in the preparation of drilling, acquisition, division order, supplemental, and financing title opinions on onshore, offshore, private, state, and federal lands.

• Represented numerous oil and gas companies, energy companies, and lenders as special counsel in connection with numerous multi-million dollar project finance transactions, including the negotiation, drafting, and analysis of transaction documents, the conduct of real property title due diligence and the issuance of financing title opinions, and related project finance advice and counsel.

• Represented mineral sands developer in obtaining requisite permits to operate a mine in Southern Oregon.

• Represented oil and gas companies in complex offshore leasing proposals and related title due diligence for financing transactions.

• Represented major and independent oil and gas and energy companies in a broad range of transactional and operational disputes involving, for example, joint operating agreements, area of mutual interest agreements, exploration agreements, oil and gas leases, confidentiality agreements, pipeline and marketing agreements, and well abandonment and related environmental issues.

• Represented oil and gas and energy companies in litigation and alternative dispute resolution processes concerning royalty disputes, COPAS accounting procedures, post-production deductions, and related accounting issues.

• Represented oil and gas and energy companies in surface access and surface use disputes, including filing of temporary restraining orders and preliminary injunctions, as well as negotiating resolutions short of litigation.

• Represented oil and gas companies in matters before the California Division of Oil, Gas and Geothermal Resources in connection with the securing of drilling permits and related matters, including in connection with a $150 million development project after the Division initially responded to Notices of Intent to Rework Wells by holding the drilling permits in abeyance.

• Represented public entities, oil and gas companies, and private individuals in eminent domain actions.

• Represented oil and gas companies in property tax disputes relating to valuation of mineral interests.

• Obtained favorable judgment and $500,000 attorney’s fees award for clients on breach of confidentiality agreement and misappropriation of trade secret dispute.

• Obtained favorable appellate decision before the First District Court of Appeal holding that the scope of a county road right-of-way includes the right to install natural gas pipelines. (Bello v. ABA Energy Corp. (2004) 121 Cal.App.4th 301.)

• Successfully defended oil and gas exploration and production company against attempt to imply a covenant of further exploration into oil and gas lease, resulting in a published California Appellate Court decision. (Lundin/Weber Co. v. Brea Oil Co. (2004) 117 Cal.App.4th 427.)

• Represent energy companies in the development of major underground gas storage projects in connection with the acquisition of rights in land for storage, pipeline and compressor station easements, and mineral owner consents, as well as the negotiation of master services agreements, drilling contracts, and other operational and transactional documents.

• Represent wind and solar energy companies in land acquisition and development of commercial energy projects, with an emphasis on real estate, title due diligence, development agreements and related matters.

• Pacific Northwest Reporter for the Mineral Law Newsletter, a Publication of the Rocky Mountain Mineral Law Foundation (quarterly)
  2007 - Present
• ABA Section of Environment, Energy, and Resources, The Year in Review, “Public Lands and Land Use Committee Annual Report”
  1999-2001
• Bakersfield Association of Petroleum Landmen, "Significant Changes to Surface Owner Notification Statute"
  October 2012

• 28th Annual West Coast Landmen’s Institute, “Common Transactional Pitfalls in Acquisitions of Oil and Gas Properties”
  September 2010
• HalfMoon Seminars, "Gas, Oil, and Mineral Land Law"
  January 2010
• NADOA 35th Annual Institute, “Voluntary Pooling in California: Pitfalls and Practices”
  October 2008
• 25th Annual West Coast Land Institute, “Understanding Ethics: The Moral Compass of a Petroleum Landman”
  October 2007
• HalfMoon Seminars, “Oregon Real Estate Title Issues: Understanding Mineral Rights and Surface Issues”
  June 2007
• Lorman Education Services, “Contract Negotiations and Preparation in the Oil and Gas Industry: Drafting Complete and Unambiguous Contracts in California”
  December 2005
• 21st Annual West Coast Landmen’s Institute, “Landmen and the Unauthorized Practice of Law”
  September 2003
• 30th Annual West Coast Landmen's Institute, "Title Issues Prior to Drilling: One Colorful Story at a Time!"
  September 2012