Michael N. Mills

Experience

Michael Mills is an oil and gas attorney in the firm's Sacramento office specializing in environmental, permitting and litigation matters. He is a partner in the Environment, Land Use and Natural Resources group and is also active in the firm's Property Tax section. Beyond oil and gas and environmental law, Mike's practice involves a wide spectrum of natural resources matters, including mining, land use and eminent domain. Mike has a great deal of experience with federal and state hazardous waste laws and regulations, the California Environmental Quality Act (CEQA), and regulatory, permitting and title issues associated with oil and gas exploration and production. His oil and gas expertise extends to land, title and permitting issues unique to development of California's Monterey Shale. In addition to being an experienced California oil and gas attorney, Mike also maintains specific skills in the areas of property tax assessments and the California Public Records Act, as well as land use, valuation and condemnation issues arising from the California High-Speed Rail project.

Representative Work and Engagements

Oil and Gas

• Representation of major and independent oil and gas companies in negotiating, reviewing and drafting oil and gas exploration and production agreements, including joint operating agreements, farmout agreements, pooling/unit agreements, leases and surface use agreements, easements, and purchase and sale agreements.
• Conducting due diligence for acquisition of oil and gas leases and fee interests, including advice on compliance with terms of affected joint operating agreements, farmout agreements and leases.
• Preparation of acquisition, division order and drilling title opinions.
• Due diligence for regulatory, permitting, title and environmental issues in connection with the acquisition of an underground natural gas storage facility in Northern California.
• Counsel and legal advice to oil and gas exploration and production companies seeking to develop California's Monterey Shale formation.
• Counseling and advice on subsurface trespass, pass-through rights and well setback requirements.
• Counseling and advice to investment firm on oil and gas exploration and production issues in connection with financing the purchase of interests in South Belridge Oil Field, Kern County, California.
• Counseling and advice for operators and mineral lessees on forced entry procedures.
• Counseling and advice in connection with permitting applications and related CEQA review for oil and gas wells throughout California.
• Lead counsel in defense of Fortune 500 oil and gas company in claimm of breach of Joint Development Agreement for California's Monterey Shale formation.
• Representation of oil and gas operator in collection action against non-operators for unpaid charges under joint operating agreements in Colusa and Sutter Counties.
• Counseling and advice to Canadian oil and gas drilling machinery supplier on entry into California market.
• Lead counsel for Fortune 500 oil and gas company in CEQA litigation to challenge residential development for lack of analysis of impacts to mineral resources.
• Representation of national oil and gas company in dispute over surface access rights in connection with residential development in Contra Costa County, California.
• Representation of development company in dispute over surface access rights in connection with commercial development in San Joaquin County, California.
• Representation of oil and gas company in lawsuit by property owners challenging company's use of road right-of-way for natural gas pipeline.
• Counseling and advice in connection with leases for underground gas storage project.
• Representation of oil and gas company in contract litigation involving joint operating agreement for natural gas field in Sutter County, California.
• Representation of oil and gas company in contract litigation involving terms of farmout agreement for natural gas field in San Joaquin County, California.

Mining

• Represented mining company as seller in the negotiation of a purchase and sale agreement for a sand mine in Southern California.
• Lead counsel for mining company in litigation brought against the Department of Conservation challenging procedures relating to a mine's removal from the AB 3098 List.
• Lead counsel for mining company in complex environmental enforcement action brought by the California Attorney General's Office to require remediation of abandoned mine in Tuolumne County, California.
• Lead counsel for mining industry plaintiffs challenging validity of certain financial assurance regulations under the Surface Mining and Reclamation Act.
• Lead counsel for mining company subsidiary in complex enforcement action brought by the Alaska Department of Environmental Conservation to require the cleanup of an abandoned fuel bunker in Juneau, Alaska.
• Lead counsel for trustee of trust established under court-ordered settlement to oversee funds dedicated to, and management of, remediation of abandoned gold mine.
• Advise and counsel mining clients on CEQA compliance and related permitting matters.
• Lead counsel in defense of aggregate mining company in CEQA lawsuit challenging approval of mine expansion in Merced County, California.
• Lead counsel in defense of national aggregate mining company in CEQA lawsuit challenging approval of mine expansion in Butte County, California.
• Representation of national aggregate mining company in CEQA lawsuit challenging approval of mine expansion in Fresno County, California.
• Representation of national aggregate mining company in CEQA challenge to municipal ordinance requiring conditional use permit for federally approved mitigation bank.
• Representation of mining company in assessment appeal proceeding in Amador County, California.

Environmental Litigation and Administrative Enforcement Proceedings

• Lead counsel for Fortune 500 oil and gas company in connection with compliance efforts under the federal Clean Water Act and General Industrial Storm Water Permit for oil and gas fields in Southern California.
• Representation of Fortune 500 oil and gas company in defense of Clean Water Act citizen suit arising from concerns over hydraulic fracturing and enhanced oil recovery techniques resulting in alleged storm water discharges in violation of the General Industrial Storm Water Permit.
• Representation of Fortune 500 oil and gas company in connection with application of, and compliance with, Prevention of Significant Deterioration Regulation under the federal Clean Air Act in California's San Joaquin Valley.
• Lead counsel for property owner defendant in complex CERCLA action filed in the U.S. District Court for the Central District of California seeking contribution resulting from contamination within the EI Monte Operable Unit of the San Gabriel Valley Superfund Site.
• Lead counsel for property owner defendant in complex CERCLA action filed in the U.S. District Court for the Eastern District of California seeking contribution for soil and groundwater contamination.
• Lead counsel for property owner in negotiation of Corrective Action Consent Agreement with California Department of Toxic Substances Control.
• Defended public water agency in complex environmental action brought in the U.S. District Court for the District of Arizona asserting claims under CERCLA, RCRA and Clean Water Act, as well as other claims.
• Defended second largest generator and coordinated representation of joint defense group in municipality's CERCLA cost-recovery action brought in the U.S. District Court for the Northern District of California.
• Common counsel to group of cooperating parties in cleanup of multiparty Superfund site under supervision of the U.S. Environmental Protection Agency.
• Representation of trust established under court-ordered settlement to oversee funds dedicated to, and management of, remediation of solvent contamination to soil and groundwater in San Joaquin County, California.
• Representation and advice on legal and regulatory issues concerning soil and groundwater cleanup projects throughout Northern and Central California.

California Environmental Quality Act (CEQA) Compliance and Litigation

• Advise clients with respect to CEQA compliance and related requirements.
• Evaluate projects for compliance with CEQA in preparation for litigation.
• Lead counsel for plaintiffs in CEQA lawsuit challenging the City of Oakland, California's proposed ordinance to ban plastic carry-out bags.
• Lead counsel in defense of Fortune 500 oil company in CEQA challenge to drilling permits issued by the Department of Conservation, Division of Oil, Gas, and Geothermal Resources.
• Lead counsel for Fortune 500 oil and gas company in CEQA litigation to challenge residential development for lack of analysis of impacts to mineral resources.
• Lead counsel in defense of residential developer in CEQA lawsuit challenging approval of residential subdivision in San Bernardino County, California.
• Lead counsel in defense of hunting club in CEQA lawsuit challenging approval of shooting range facility.
• Defense of public agency in CEQA challenge arising from proposed residential development project.

Property Tax

• Lead counsel for county in dispute with special district over property tax administration fees (successfully argued case before the California Court of Appeal, Third Appellate District).
• Lead counsel for hydroelectric facility in assessment appeals in Lassen County, California and Shasta County, California.
• Lead counsel for multiple public entities in unjust enrichment action seeking portion of previously refunded property taxes following successful assessment challenge.
• Representation of public agencies in both litigation and administrative proceedings involving Proposition 218 challenges to governmental assessments of property.
• Counsel for municipal utility district for property tax issues relating to real property acquisitions.

Land Use, Real Estate and Eminent Domain

• Lead counsel for Fortune 500 telecommunications company in land use dispute concerning zoning and site placement of cell phone tower.
• Advice and counseling to affected landowners in connection with California High Speed Rail Authority's anticipated condemnation proceedings.
• Lead counsel for major oil and gas exploration and production company for condemnation issues affecting mineral rights.
• Defense of property rights of major oil and gas exploration company in numerous eminent domain actions brought by the State of California.
• Lead counsel for property owner in real estate purchase dispute involving contaminated property.
• Representation of landowner in connection with negotiations over municipal public improvements to avoid flooding of private property.
• Representation of commercial real estate leasing firm in various litigation matters.
• Defense of public agency landowners in eminent domain proceedings.

California Public Records Act Litigation and Public Agency Litigation

• Lead counsel in defense of multiple public agencies in litigation brought under the California Public Records Act.
• Lead counsel for hunting club in lawsuit against State of California agency arising from streambed alteration issues.

Water Rights Litigation

• Lead counsel for hydroelectric project operator in complex RICO action brought in the U.S. District Court for the Eastern District of California involving claims over disputed water rights.
• Representation of water right holders in Judicial Council Coordination Proceeding JC 4118: the Bay-Delta Decision 1641 Litigation.
• Representation of water agency in suit against State of California agency for nonpayment of assessments.
• Representation of county water agency in complex lease dispute with lessee over construction of flood control and water quality project.

Civil Writs and Other Engagements

• Representation of fresh produce company in commercial dispute over repairs made to industrial weighing scale.
• Lead counsel in defense of county in writ of mandate proceeding challenging selected site for water pumping facility.
• Representation of corporate defendant in complex litigation relating to closure of landfill in Amador County, California.

Published Opinions

• 138 Cal.App.4th 574 (2006).
• 105 Cal.App.4th 1155 (2003).
• 308 F.Supp.2d 1137 (2003).
• 213 F.Supp.2d 1208 (2002).

Professional Honors & Activities

• Member, State Bar of California, Environmental Law Section
• Panel Mediator, California Court of Appeal, Third Appellate District, Appellate Mediation Program
• Member and former President, former First Vice President, former Second Vice President, former Secretary/Treasurer and former Director-at-Large, Bar Council; Chair, Nominating Committee; member, Environmental Law Section, Sacramento County Bar Association
• Member and former President, Vice President, Programs Director and Secretary, Sacramento Chapter, Federal Bar Association
• Member, Natural Resources Section, American Bar Association
• Member and former Treasurer, Asian/Pacific Bar Association of Sacramento
• Member, Rocky Mountain Mineral Law Foundation
• Member, California Independent Petroleum Association
• Member, Sacramento Petroleum Association
• Member, Western States Petroleum Association

Presentations

• "Strategies for Complying with California's Cap & Trade Program," Kern County Bar Association, Bakersfield, California, Dec. 12, 2012
• "How to Use A Title Opinion," 30th Annual West Coast Landmen's Institute, Dana Point, California, Sep. 27, 2012
• "Resolving Conflicts Between Solar Energy and Oil and Gas Development," PV America West, San Jose, California, Mar. 19-21, 2012
• "Getting the Most from the Consultant/Attorney Team," Stoel Rives LLP, Sacramento, California, Feb. 2, 2012
• "More Fracking Regulations? The Public's Sudden Interest in Hydraulic Fracturing," Bakersfield Association of Professional Landmen, Bakersfield, California, Jan. 10, 2012
• "Off or On? Examining OMR's AB 3098 Listing Procedures," California Construction and Industrial Materials Association Annual Education Conference, Monterey, California, Oct. 12, 2011
• "Are Your Taxes Too High?," California Construction and Industrial Materials Association Annual Education Conference, Monterey, California, Oct. 11, 2011
• "CEQA -- Its Role In and Effect On the Permitting Process," 29th Annual West Coast Landmen's Institute, Santa Barbara, California, Sept. 29, 2011
• "Onshore Oil Production and Regulation in California," Environmental Law Symposium, University of California, Davis, School of Law, Apr. 1, 2011
• "Resolving Conflicts Between Oil and Gas and Renewable Energy Development," Bakersfield Association of Professional Landmen, Jan. 18, 2011
• "AB 32 and SB 97: California's Laws Regulating Greenhouse Gas Emissions and Climate Change and Their Related Impacts on Project Timelines and Permitting," 28th Annual West Coast Landmen's Institute, Shell Beach, California, Sept. 23, 2010
• "The Resurgence of Biomass Facilities – What You Need to Know to Develop, Permit and Finance Your Project," Tulare, California, Feb. 9, 2010
• "PITFALL – Landman Harry's Adventure in California's Land Use Jungle," Bakersfield Association of Professional Landmen, Nov. 17, 2009
• "Do's and Don'ts for Expert Witnesses," Groundwater Resources Association, 2005
• "Applying Environmental Toxicology to Environmental Problems – The Interconnection of Law and Science," U.C. Davis, Department of Environmental Toxicology, 2000

Civic Activities

• Board Member, U.C. Davis School of Law, King Hall Alumni Association Board of Directors
• President, Spinning Rod Way Neighborhood Watch, 2003-2009
• Moot Court Judge, U.C. Davis School of Law, 2002, 2004-2007
• Alumni Representative, Distinguished Teaching Award Selection Committee, U.C. Davis School of Law, 2009
• Member, CEB Award for Excellence in Legal Research and Writing Selection Committee, U.C. Davis School of Law, 2009-2010

Publications

• Frequent contributor to Stoel Rives Blogs including www.californiaenvironmentallawblog.com and www.minerallawblog.com
• "California's Cap and Trade Program under AB32 – a Primer" (co-author), Stoel Rives LLP, December 2012
• "Will California's 33% Renewable Portfolio Standard Survive a Commerce Clause Challenge by Other States? A Recently Filed Colorado Case May Provide the Answer," The Override, Los Angeles Association of Professional Landmen, May 2011
• News Alert, "California High-Speed Rail: It's Coming Fast! The Central Valley is the Early Winner of Stimulus Funds," Nov. 22, 2010
• Comment, "Inequality Creates Exceptions: Limiting United States v. Mendoza to Its Policy Rationale," U.C. Davis Law Review, 1997

Education

• University of California, Davis, School of Law, J.D., 1997
  Order of the Coif
  Senior Notes and Comments Editor, U.C. Davis Law Review
• University of California, Davis, B.S., Environmental Toxicology (minor in English), 1994, summa cum laude
• Dana Curtis Mediation, Appellate Mediation Training Program, Certificate of Completion, 2010

Admissions

• California
• U.S. District Courts for the Eastern, Southern, Northern and Central Districts of California
• U.S. Court of Appeals for the Ninth Circuit
• U.S. Bankruptcy Court for the Eastern District of California

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