Thomas A. Henry

Thomas A. Henry

Partner
Sacramento, CA
Overview

About Tom

Tom Henry is a partner in the Environment, Land Use and Natural Resources group specializing in land use, mining, and oil and gas matters. Tom’s practice involves permitting, performing environmental review under the California Environmental Quality Act (CEQA), and resolving other land use, title and regulatory compliance issues. As a California mining attorney, Tom assists clients in permitting mining projects and resolving compliance issues. Tom’s oil and gas experience involves title review, as well as land use, permitting and CEQA issues related to oil and gas development and production. Tom also advises clients as to California’s AB 32 emissions reporting and Cap and Trade Program. Before practicing law, Tom served as a U.S. Army officer on active duty from 1982-1987.

Before joining Stoel Rives, Tom was a partner with Downey Brand LLP in Sacramento.

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Experience

Experience

Aggregate, Industrial Mineral and Metallic Mineral Mines

  • Permitting and Compliance
    • Gold mine in Imperial County (amended use permit; CEQA review; SMARA vested rights analysis; Fish and Game Code Section 1602)
    • Aggregate mine in Fresno County (SMARA; use permit; reclamation plan; reclamation plan appeal to State Mining and Geology Board; CEQA; title examination)
    • Aggregate mine in Fresno County (SMARA; use permit; reclamation plan; CEQA)
    • Aggregate operation for levee improvement authority (SMARA; reclamation plan; CEQA review; resolution of notice of violation before State Mining and Geology Board)
    • Aggregate mine in Tehama County (appeal of notice of violation and use permit revocation; reclamation plan amendment; use permit amendment; conduct extensive arbitration with landowner/lessor, including hearings and settlement)
    • Aggregate mine in Ventura County (appeal of notice of violation involving State Mining and Geology Board; vested rights review; lawsuit relating to AB 3098 listing and resolution with Office of Mine Reclamation)
    • Industrial Sand mine in Amador County (use permit amendment; CEQA review)
    • Aggregate mine in Mendocino County (SMARA; permitting advice; vested rights)
    • In-stream mining operation in Yuba County (Fish and Game Code Section 1602 compliance advice and resolution of alleged violation; CEQA)
    • Aggregate facility in Yuba County (SMARA vested rights)
    • Rare earth mine in San Bernardino County (SMARA backfill analysis)
    • Silver mine in San Bernardino County (CEQA, SMARA, backfill analysis)
    • Aggregate mine in Shasta County (CEQA, SMARA)
    • Discovery challenge for gold mine on federal mining claims in Northern California
    • IBLA appeal of notice of noncompliance for federal mining claims in Nevada
    • Sand mine in Santa Cruz County (SMARA, Endangered Species Act) 
  • Transactional due diligence (purchase and sale, leasing):
    • Negotiated mining lease for aggregate mine in Sacramento County
    • Negotiated mining lease for aggregate mine in Southern California region
    • Special counsel on mining and title issues related to rare earth mine bankruptcy in San Bernardino County
    • Due diligence review related to aggregate mine acquisition in Shasta County
  • Mineral title examination on private land and unpatented placer mining claims, lode mining claims and mill site claims:
    • Title analysis for federal mining claims and private lands for silver mine in San Bernardino County
    • Title analysis for federal mining claims and private lands for gold mine in Imperial County
    • Title for gold mine acquisition on private lands in Mariposa County
    • Title for rare earth mine acquisition for federal mining claims and private lands in San Bernardino County
    • Title for gold mine acquisition for federal mining claims in San Bernardino County
    • Title for acquisition of gold mine on private lands in San Bernardino County
    • Title analysis for federal mining claims in Shasta County relating to uncommon minerals

Oil and Gas Exploration and Production

  • Rendered multiple title opinions on producing and non-producing oil and gas properties throughout California:
    • Complex division order title opinions and division of interests, ranging in size from a few mineral owners to 250-plus mineral owners
    • Drilling title opinions for vertical and horizontal wells
    • Division order title opinions involving unitized gas production from mixed private and BLM lands
  • Advised on acquisition due diligence, including:
    • Acquisition of private leases, mineral fee lands and federal leases in Kern County
    • Acquisition of private and federal oil and gas leases in Northern California
  • Drafted, negotiated and advised on compliance with joint operating, farm-out/in, pooling and other agreements related to exploration and production
  • Advised on compliance with CEQA and SB 4 well stimulation permitting laws

Residential, Commercial and Vineyards

  • Represented client as to compliance with CEQA and ESA habitat designation issues for large-scale residential/mixed use project in Los Angeles County
  • Represented client as to compliance with CEQA for housing development in Southern California
  • Represented vineyards in obtaining Section 401 certification, compliance with CEQA, and streambed alteration agreement
  • Assisted various clients facing potential enforcement actions by the California Department of Fish and Wildlife for alleged violations of California Fish and Wildlife Code Sections 1602, 5937
  • Represented private club in resolving dispute with the California Department of Fish and Wildlife involving compliance with Section 1602 and CEQA

Public Agencies

  • Represented levee improvement authority on SMARA/CEQA compliance before State Mining and Geology Board
  • Represented irrigation district in obtaining Section 401 certification, CEQA exemption and Section 1602 compliance

Climate Change / Carbon Offsets

  • Advised fuel suppliers regarding compliance with AB 32 Cap and Trade Program, including training for reporting of emissions and acquisition of greenhouse gas allowances
  • Advised client regarding development of carbon offset program under Climate Action Reserve carbon offsets programs
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Honors

Honors & Activities

  • Included in The Best Lawyers in America© (currently: Oil & Gas Law), 2012-2018
  • Member, California Independent Petroleum Association
  • Member, Sacramento Petroleum Association
  • Member, California Construction and Industrial Materials Association
  • Member, Environmental Law Section, Sacramento County Bar Association
  • Member, Environmental Law Section, State Bar of California
  • Member, Rocky Mountain Mineral Law Foundation
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Insights & Presentations

Insights & Presentations

  • Co-Presenter, “Federal Lands: Permitting in the Wild, Wild West,” CalCIMA Annual Education Conference, Olympic Valley, California, Nov. 2017
  • Presenter, “New CEQA Developments,” North State BIA Forward Planning Seminar, Sacramento, California, Feb. 2017
  • Co-Presenter, “Surviving the Drought: Why You Should Care About California Water Rights and Regulation,” 34th Annual West Coast Landmen’s Institute, Sept. 2016
  • Co-Presenter, “How California's New Groundwater Management Rules Might Impact Your Business”, Sacramento Petroleum Association Lunch Meeting, Aug. 2016
  • Co-Presenter, “Crossing the Community Property Border”, 62nd Annual Rocky Mountain Mineral Law Institute, July 2016
  • Presenter, “What California’s New Groundwater Management Requirements Mean For You,” Private Client, Bakersfield, California, June 7, 2016
  • Presenter, “The California Supreme Court: Reforming CEQA from the Bench,” 2016 Real Property Law Section Retreat, Monterey, California, May 21, 2016
  • Co-Presenter, “Why California’s New Groundwater Management Law is a Game Changer for Mine Operators,” Stoel Rives Mining Law Webinar, April 26, 2016
  • Presenter, “Integrating the AB 32 Cap and Trade Program into Your GHG Permitting Strategy,” CalCIMA Education Conference, Monterey, California, Nov. 18, 2015
  • Co-Presenter, “Surface Water Diversions Under F&G Code Section 1602 – The Landscape has Changed,” Stoel Rives Water Law Webinar, July 28, 2015
  • “A Compliance Handbook for SB 4 – California’s Well Stimulation Permitting Law” Third Edition and “SB 4 Compliance Flowchart,” (co-author), Stoel Rives LLP, July 2015
  • Presenter, “Challenges Associated with California’s Pit Backfill Requirements,” State Mining and Geology Board meeting, Sacramento, California, June 11, 2015
  • Calif. Seems Set To Solve Split On Oil Rail Shipments,” Law360, Feb. 4, 2015
  • Co-Presenter, “Title Issues in Mine Leasing and Acquisitions and Their Potential Impacts on Permitting and Operations,” CalCIMA Education Conference, San Diego, California, Nov. 4, 2014
  • Co-Presenter, “Review of the ‘Typical’ California Oil & Gas Lease,” 32nd Annual West Coast Landmen’s Institute, Las Vegas, Nevada, Oct. 23, 2014
  • Co-Presenter, “California SB 4 Compliance Update: Practical and Legal Implications of the DOGGR Interim Regulations for Operators in 2014,” Stoel Rives Webinar, Mar. 13, 2014
  • Getting Ready for SB 4: California’s New Well Stimulation Permitting Law,” Stoel Rives Seminar, Bakersfield, California, Dec. 11, 2013
  • The Not So Good, the Bad and the Ugly – What Every Landman Needs to Know About Community Leases” (presenter), 31st Annual West Coast Landmen’s Institute, Sept. 2013
  • “Strategies for Complying with California’s Cap & Trade Program,” Kern County Bar Association, Bakersfield, California, Dec. 2012
  • “Oil and Gas Exploration and Production of Private Lands in California,” Infocast California Oil Summit, Long Beach, California, Dec. 2012
  • California’s Cap and Trade Program under AB 32 – a Primer“ (co-author), Stoel Rives LLP December 2012
  • “How to Use a Title Opinion,” 30th Annual West Coast Landmen’s Institute, Dana Point, California, Sept. 2012
  • “Off or On? Examining OMR’s AB 3098 Listing Procedures,” California Construction and Industrial Materials Association Annual Education Conference, Monterey, California, Oct. 2011
  • “CEQA—Its Role In and Effect On the Permitting Process,” 29th Annual West Coast Landmen’s Institute, Santa Barbara, California, Sept. 2011
  • “Regulatory Trends in California,” Industrial Mineral Association-North America Annual Meeting & National Industrial Sand Association 75th Anniversary Celebration, The Lodge at Sonoma Renaissance Resort and Spa, Sonoma, California, Sept. 2011
  • “Resolving Conflicts Between Oil and Gas and Renewable Energy Development,” Bakersfield Association of Petroleum 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 Land Institute, Shell Beach, California, Sept. 23, 2010
  • “State Supreme Court Sets Environmental Baseline” (coauthor), The Daily Journal, Apr. 1, 2010
  • PITFALL – “Landman Harry’s Adventure in California’s Land Use Jungle,” Bakersfield Association of Petroleum Landmen, Nov. 17, 2009
  • “National Environmental Policy Act” and “Wetlands Regulations,” Lorman Education Services, Zoning and Land Use in California, 2005
  • “2004 Mining Law Update,” American Association of Professional Landmen, 2005
  • “2003 Mining Law Update,” American Association of Professional Landmen, 2004
  • “2002 Mining Law Update,” American Association of Professional Landmen, 2003
  • “Streambed Alteration Agreements and Notifications,” Construction Materials Association Conference, 2003
  • “2000 Year in Review” (coauthor), Public Lands Section, American Bar Association
  • “How to Avoid a Prop. 65 Lawsuit,” Construction Materials Association of California Operators Conference for the Construction Materials Industry, 1999
  • “1999 Year in Review” (coauthor), Public Lands Section, American Bar Association



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