Eric L. Martin

Eric Martin’s practice focuses on transactions and development of subsurface natural resources and renewable fuels, such as renewable natural gas (RNG). He helps clients buy, lease, and sell subsurface natural resources; develop renewable fuel projects; obtain financing; permit projects at the federal, state, and local levels; and resolve disputes. Eric has handled transactional, development, and operational issues for a variety of projects on both private and public lands, including oil and natural gas exploration and production projects; natural gas pipelines and underground storage facilities; mining ventures for precious and base metals, industrial minerals and construction materials; and RNG and geologic carbon sequestration projects. Eric is chair of Stoel Rives’ Natural Resources Industry Group.

Education

Stanford Law School, J.D., 2008; Associate Managing Editor, Stanford Law and Policy Review

University of Vermont, M.S., 2003, historic preservation

Gustavus Adolphus College, B.A., 2000, summa cum laude; Phi Beta Kappa

Admissions

Oregon

Washington

Renewable Fuels

• Representation of utility in negotiation of 20-year RNG offtake agreements to support $50 million investment in two Ohio landfill gas projects.
• Representation of project developer in negotiation of RNG offtake agreement with Fortune 50 company for anaerobic digester project sourcing feedstock from approximately 30,000 milking cows. Offtake agreement subsequently used to support a $60 million bond offering for the project.
• Representation of RNG project developers in development of “cluster” projects upgrading raw biogas produced from anaerobic digesters at different dairies into RNG, including negotiation of RNG offtake agreements, biogas supply agreements, gathering agreements, and pipeline interconnection agreements.
• Negotiation of RNG offtake agreements for clients seeking to sell or buy RNG in Arizona, California, Iowa, Kansas, New York, North Carolina, Ohio, Oregon, Texas, Washington, and Wisconsin, in order to generate Renewable Identification Numbers (RINs) under the federal Renewable Fuel Standard and credits under California’s Low Carbon Fuel Standard (LCFS) or Oregon’s Clean Fuels Program.
• Representation of buyer in acquisition of operating biogas facility, including negotiation of amendments to long-term feedstock, effluent offtake, and lease agreements with the host dairy.
• Representation of port district in sourcing RNG to meet organizational sustainability goals.
• Advised RNG project developers on pipeline interconnection and transportation issues, LEAP Master Agreements for the sale and purchase of RINs and LCFS credits, and general project development issues.
• Representation of international project developer in negotiation of biofuel feedstock transloading agreement with Fortune 50 company.
• Negotiation of transloading agreement for biodiesel and renewable diesel.
• Advised renewable power producer on green hydrogen supply agreement.

Oil and Gas

• Negotiation of 30-year, $250 million joint venture to develop natural gas reserves and a $100 million amendment to the joint venture.
• Negotiation of purchase and sale agreements for independent oil company’s $20 million lease acquisition program and advised on related $200 million equity financing.
• Representation of oil and gas working interest owner in joint operating agreement dispute with operator over development and operating costs.
• Representation of LNG terminal developer in interstate pipeline joint venture negotiations, including transaction structuring under Federal Energy Regulatory Commission (FERC) constraints.
• Negotiation of carbon dioxide supply agreements for enhanced oil recovery projects.
• Representation of coalbed methane developer in connection with exploration program financing.
• Representation of utility in structuring and regulatory proceedings for multi-state cost-of-service natural gas program.
• Advised clients with acquisition, leasing, and development of oil and gas properties in Alaska, Arkansas, California, Colorado, Kansas, North Dakota, Oregon, Pennsylvania, Texas, Utah, and Wyoming.
• Advised clients on all manner of oil and gas agreements, including joint operating agreements, farmout agreements, gathering and processing agreements, master service agreements, precedent agreements for interstate transportation of natural gas, natural gas sales agreements, pipeline easement and franchise agreements, and surface use agreements.
• Authored drilling title opinions and division order title opinions on both public and private lands.

Underground Gas Storage and Geologic Carbon Sequestration

• Representation of underground natural gas storage developer on $149 million expansion project, including negotiation of development agreements and property acquisition agreements.
• Representation of seller of a majority interest in a 20 Bcf underground natural gas storage facility, including negotiation of purchase and sale agreement.
• Representation of project developers in negotiations of carbon sequestration easements to acquire pore space rights covering thousands of acres throughout the United States, including California, Illinois, Montana, North Dakota, Utah, and West Virginia.
• Negotiation of gas storage leases for projects in California and Oregon.
• Advised clients on severed mineral rights acquisitions to address trespass risk and requirements of the California Air Resources Board’s Carbon Capture and Sequestration Protocol and California SB 905.
• Advised clients seeking to secure sequestration rights on lands managed by the U.S. Bureau of Land Management.
• Advised clients on reservations of pore space rights for property transactions.
• Negotiation of carbon dioxide offtake agreements (or carbon dioxide management agreements) for carbon dioxide producers and carbon sequestration project developers.
• Advised clients on long-term liabilities associated with carbon sequestration under existing federal and state regulatory structures, including under the California LCFS.
• Representation of European client in negotiation to acquire environmental attributes of geologically sequestered carbon dioxide.
• Drafted proposed legislation and administrative rules to aid in implementing carbon sequestration projects.
• Advised clients with development and operational issues for underground gas storage facilities in Alaska, California, Illinois, Oregon, and Utah.
• Negotiation of lease for underground compressed air energy storage project in California.
• Authored underground gas storage title opinions.

Mining

• Representation of buyer in $46 million acquisition of prospective sand mine, including negotiation of royalty agreements and various lender-related agreements.
• Negotiation of royalty agreements in connection with $35 million financing for industrial mineral project.
• Representation of mining company in acquisition of fee interests and unpatented mining claims for limestone quarry.
• Representation of owners and developers of industrial mineral and construction material surface mines on various title, leasing, and permitting issues.
• Advised clients on various federal unpatented mining claim issues.
• Advised underground mine operator on federal, state, and local permitting issues.
• Negotiation of purchase agreement to acquire gold mining property out of bankruptcy.
• Drafted organizational documents and mining leases for limited liability company owning 28,000-acre mineral estate.
• Representation of developer in the land use permitting of a surface mine and commercial composting facility, including successful resolution of appeals before the Oregon Land Use Board of Appeals and the Oregon Court of Appeals.
• Assisted developer in obtaining surface mine operating permit from the Oregon Department of Geology and Mineral Industries (DOGAMI) and satisfying conditions of approval.
• Representation of mineral estate owner in state condemnation of cinder deposit.
• Representation of royalty owner in litigation for unpaid royalties.
• Authored title opinions on unpatented mining claims and mill sites to support bank financings and stock exchange listings.
• Advised clients with mining issues in Alaska, Arkansas, California, Illinois, Minnesota, New Mexico, Oklahoma, Oregon, Texas, and Wisconsin.
• Representation of clients in the negotiation of all manner of mining agreements, including leases, royalty agreements, and consulting agreements.

Other Experience

• Representation of steel mill and semiconductor manufacturer in negotiation of industrial gas (oxygen, nitrogen, and argon) supply contracts.
• Representation of buyer in 224,000-acre timberland transaction with respect to severed mineral issues, including negotiation of surface use agreement.
• Advised clients on issues associated with severed mineral estates, including purchase and sale transactions and negotiation of accommodation agreements and waivers of surface rights for renewable energy and other surface development.
• Representation of developer of the Whistling Ridge Energy Project, including issuance of a site certificate from the Washington Energy Facility Site Evaluation Council, obtaining unanimous Washington Supreme Court decision upholding the site certificate, and successfully resolving litigation brought under the Columbia River Gorge National Scenic Area Act.
• Advised project developer on multiple National Historic Preservation Act issues associated with traditional cultural property (TCP).
• Advised clients on Federal Land Policy and Management Act (FLPMA), National Environmental Policy Act (NEPA), State Environmental Policy Act (SEPA) and Endangered Species Act (ESA) compliance in connection with a variety of development projects.
• Obtained land use permits for a $250 million transportation infrastructure project crossing protected environmental areas.
• Assisted client in navigating local historic resource regulations and state historic resource review process in connection with the successful permitting of a $20 million project.

Insights & Presentations

• “Mineral Resources,” Washington State Bar Association’s Real Property Deskbook (forthcoming 2024)
• “Co-Existence – Renewable Energy, Oil & Gas, and Mining Developments,” The Foundation for Natural Resources and Energy Law, Special Institute on Mineral Title Examination, Review, and Due Diligence for Oil and gas and Mining Projects, Westminster, CO (forthcoming 2024)
• “Going Green (and Blue, Pink, Turquoise . . . .) for Hydrogen” (co-presenter), West Coast Landmen’s Institute, Pismo Beach, CA, 2023
• “DOE Announces 7 Hydrogen Hubs Eligible for $7 Billion in Funding,” Stoel Rives’ Renewable + Law blog, October 2023
• “End of Summer To-Do List:  Pay Mining Claim Maintenance Fees,” North American Mining, September 2023
• “Net-Zero Without Carbon Sequestration Is ‘Virtually Impossible’; Yet Site Acquisition and Permitting Hurdles Hinder Implementation” (co-author), POWER magazine, February 2022
• “Yesterday, Today, and Tomorrow: Carbon Capture and Sequestration in California” (co-presenter), Bakersfield Association of Professional Landmen, 2021
• “The Hydrogen Rainbow: Elected Officials Focus on Green” (co-author), POWER magazine, April 2021
• “Shedding Light on Solar Leasing” (co-presenter), American Association of Professional Landmen (AAPL), Annual Meeting, Huntington Beach, CA, 2020
• “INSIGHT: Waste-to-Energy Projects Not Immune From Covid-19” (co-author), Bloomberg Law Environment & Energy Report, April 2020
• “Understanding Solar Leases” (co-presenter), West Coast Landmen’s Institute, Atascadero, CA, 2019
• “Oil and Gas Survey: Oregon,” 5 Texas A&M Journal of Property Law 123, 2019
• “Mining Resource Transactions 101” (presenter), Oregon Concrete & Aggregate Producers Association, Winter Workshop, Salem, OR, 2019
• “Constitutional Questions Dog Local Gov’t Actions Against Crude Oil Transportation,” The Legal Intelligencer, August 2018
• “Federal Roadblocks to Local Governments’ Efforts to Stymie Crude Oil Transportation and ‘Keep It in the Ground,’” 64 Rocky. Mt. Min. L. Inst. 25-1, 2018
• “‘Keep it in the Ground’ and Out of this City: Federal Roadblocks to Local Government Efforts to Stymie Crude Oil Transportation” (presenter), Rocky Mountain Mineral Law Foundation, Annual Institute, Victoria, BC, 2018
• “Developing Underground Gas Storage: From Leasing to Open Season” (co-author), American Association of Professional Landmen, Landman, March/April 2018
• “Oil and Gas Survey: Oregon,” 4 Texas A&M Journal of Property Law 119, 2018
• “Chthonic Pithos: Pore Space Rights Today” (presenter), West Coast Landmen’s Institute, Oxnard, CA, 2017
• “Title Review Now: Where Do We Start?” (presenter), American Association of Professional Landmen, Mining and Land Resources Institute, Reno, NV, 2017
• “Mining on 10 Million Acres in Six States Impacted by BLM’s Proposed Withdrawal to Protect Sage-Grouse Habitat” (co-author), ABA Mining and Mineral Extraction Committee Newsletter, September 2016
• “Mineral Rights” (presenter), Oregon State Bar, Real Estate and Land Use Spring Forum, Portland, OR, 2016
• “North American Gas: Demand Side Responses to Low Prices” (panelist), IHS Energy CERAWeek, Houston, TX, 2015
• “Portland’s Fossil Fuel Policy Raises Commerce Questions” (author), Law360, 2015
• “Mineral Rights” (co-author), Oregon State Bar’s Oregon Real Estate Deskbook, 2015
• “Mineral Resources (Supplement)” (co-author), Washington State Bar Association’s Real Property Deskbook, 2015
• “Accommodating the Rights of Mineral Owners and Surface Owners” (presenter), Determining Land Ownership and Access Rights, Foxmoor Continuing Education, Portland, OR, 2014

News

Speaking Engagements

Publications

Press Releases

• Trustee, Rocky Mountain Mineral Law Foundation (now known as The Foundation for National Resources and Energy Law), 2018–2021
• Recipient, Chairman of the Board Award, OCAPA, 2019
• Listed among Rising Stars (Energy & Natural Resources), Oregon Super Lawyers^®, 2014, 2018

Professional

• Rocky Mountain Mineral Law Foundation’s Young Professionals Committee, Member, 2015–2018 (chair 2017–2018)
• Oregon Concrete & Aggregate Producers Association (OCAPA), Board Member, 2017–2019

Reported Appellate Court Decision

• Friends of Columbia Gorge, Inc. v. State Energy Facility Site Evaluation Council, 178 Wn.2d 320, 310 P.3d 780 (2013)

Civic

• LifeWorks NW, Board Member, 2019–present
• Oregon Heritage Commission, Commissioner, 2010–2018 (chair 2015–2017)
• Northwest Energy Association, Board Member, 2014–2015
• Cub Scout Pack #254, Den Leader, 2017–2020