The Impact of the Supreme Court’s McGirt Decision on Oklahoma Oil and Gas Business


CLE credits earned: 1 General Credit (WA 1 Law and Legal)

On July 9, 2020, the Supreme Court issued its opinion in McGirt v. Oklahoma, ruling that most of the eastern half of Oklahoma is an Indian reservation. While the decision ostensibly resolves a jurisdictional challenge to a criminal conviction, the labeling of over 19 million acres in Oklahoma (including most of the city of Tulsa) as reservation could significantly impact area businesses, including oil and gas development. Chief Justice Roberts’ dissent forecasts as much, stating, “The decision today creates significant uncertainty for the State’s continuing authority over any area that touches Indian affairs, ranging from zoning and taxation to family and environmental law.”
As we will discuss during the Webcast, the extent to which McGirt will impact oil and gas business in Oklahoma will hinge on a new regime of overlapping federal, state, and tribal regulation, accompanied by what will likely be years of litigation to determine the practical effects of this new regime.

Key topics to be discussed:

• The McGirt Decision
• Its Impact on Oil and Gas Business
• Energy/Environmental Regulation
• Taxation

Date / Time: August 28, 2020

•   3:00 pm – 4:00 pm Eastern
•   2:00 pm – 3:00 pm Central
•   1:00 pm – 2:00 pm Mountain
•   12:00 pm – 1:00 pm Pacific

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•   Live Video Broadcast/Re-Broadcast: Watch Program “live” in real-time, must sign-in and watch program on date and time set above. May ask questions during presentation via chat box. Qualifies for “live” CLE credit.
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Original Broadcast Date: August 28, 2020

Adam M. Dinnell | Schiffer Hicks Johnson PLLC

Mr. Dinnell is a trial lawyer who has handled some of the highest-profile tort cases of the past decade, including suits related to the Flint water crisis, Hurricane Katrina, and the 2001 anthrax attacks. Since joining SHJ, he has focused on complex commercial and toxic tort matters, successfully trying several multimillion-dollar cases for leading companies in the oil and gas industry.
Clients value Adam’s ability to translate complicated scientific and technical subjects—from strip mining practices and fracking techniques to bacterial genomics—into straightforward, accessible presentations to judges and juries. He has presented or cross-examined experts in more than two dozen disciplines, including allergy-immunology, cardiology, combustion engineering, disaster science, drilling engineering, economics, epidemiology, geology, industrial hygiene, infectious disease, metallurgy, mine engineering, molecular biology, natural gas trading, pipelines, pulmonology, toxicology, and water engineering.
Over his career, Adam has tried more than 25 cases and argued before numerous courts across the country, including U.S. courts of appeals, U.S. district courts, state courts, and the U.S. Judicial Panel on Multidistrict Litigation (MDL). As a veteran of multiple MDLs, he is well-versed in MDL strategy and procedure.
Previously, Adam spent a decade as a trial lawyer for the U.S. Department of Justice (DOJ), Civil Division, where he defended the United States in complex, high-stakes civil litigation in federal courts nationwide. He served as senior trial counsel in the Department’s Environmental Tort Litigation Section, managing all aspects of mass tort and toxic tort cases. Notably, Adam represented the United States as lead or deputy lead counsel in several high-profile matters, including litigation relating to water quality in Flint, MI; formaldehyde exposures in FEMA trailers used after Hurricane Katrina; and a deadly outbreak of Legionnaires’ disease at the VA hospital in Pittsburgh, PA. Adam’s varied experience also includes prosecution of criminal cases for the U.S. Attorney’s Office for the District of Columbia.
A frequent instructor for law school trial advocacy programs, Adam regularly speaks on a variety of litigation topics, including the use of scientific evidence and strategic case development. Throughout his career, he has been heavily involved in mentorship and pro bono work, serving as a DOJ mentor coordinator, a Houston Bar Association mentor, and pro bono counsel for individual clients in both the District of Columbia and Houston.

Andy S. Hicks | Schiffer Hicks Johnson PLLC

Mr. Hicks represents plaintiffs and defendants in complex commercial disputes and tort claims. A tenacious trial lawyer and astute legal strategist, he has built an exceptional track record both in the courtroom and before arbitral tribunals in the United States and abroad.
With extensive experience in energy and healthcare matters, Andy is often called upon to represent participants in those industries. His practice includes a variety of disputes involving, among other things, energy industry transactions, joint operating agreements, the development, processing and sale of oil, gas and other commodities, partnerships and joint ventures, professional negligence, products liability, trade secrets, breaches of fiduciary duty, and other business torts.
Clients prize Andy’s ability to “seize the heart of the matter and move quickly to a successful resolution.” In addition to litigating and arbitrating cases, he provides strategic advice to minimize the risk of litigation and assists clients with negotiating, drafting, and enforcing arbitration clauses.
Andy began his legal career at Vinson & Elkins, where he focused on commercial litigation and international arbitration. He was later recruited by King & Spalding, where he practiced until co-founding Schiffer Hicks Johnson in 2007.

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I. The McGirt Decision 3:00-3:15
II. Its Impact on Oil and Gas Business 3:15-3:30
III. Energy/Environmental Regulation 3:30-3:45
IV. Taxation 3:45-4:00