Heather A. Hurst helps energy companies accomplish their operational and transactional goals. She focuses her practice on commercial and real estate transactions and transition projects within the coal, oil and gas and renewables industries (including solar, wind and renewable fuels).
Heather assists industry clients with all stages of acquisition, operation and divestiture of coal, oil and gas, and renewable energy assets and on a variety of mergers and acquisitions, land management, joint venture, commercial and title-related matters in the Appalachian region. She has abstracted and drafted title examination opinions for surface, oil and gas and coal interests. She has experience performing title, site control and commercial due diligence for oil, gas, coal, solar and wind operations and transactions, negotiating leases, options and agreements, and drafting a variety of transactional, commercial and operational instruments and agreements. Her experience also includes negotiating and drafting gas gathering, purchase and sale, service, easements, correlative right agreements and construction agreements.
Heather has also represented oil, gas, coal, and renewable owners, operators and companies in real estate closings, transfer, severance and property tax matters, and property, landowner and contract disputes.
She has also assisted coal, oil and gas and coal operators in compliance matters related to environmental and safety regulations, including obtaining required permits, conducting compliance audits and analysis representing clients in challenging Mine Safety and Health Administration enforcement proceedings and defending operators in administrative adjudications.
Prior to joining Buchanan, Heather represented numerous coal mining operators in Federal Mine Safety and Health Review Commission proceedings resulting in significant penalty and severity reductions for issued citations and elevated enforcement actions.
Proof Points
- Represented multiple renewable companies in connection with the acquisition of solar and wind projects in the development stage (prior to NTP) in Pennsylvania, including drafting, negotiating and conducting diligence of transaction documents, site control instruments (e.g. leases, easements and crossing/encroachment agreements).
- Advised clients as to Department of Energy funding criteria applicable to carbon capture and utilization technology, including in relation to IRC Sections 45X [Advanced Manufacturing Production Credit] and 48C [Advanced Energy Project Credit].
- Represented various commercial clients, including oil and gas producers, in connection with closing transactions qualifying as "like-kind exchanges," including forward and reverse exchanges, under Section 1031 of the Internal Revenue Code.
- Represented various natural gas producers and midstream operators in the acquisition and divestiture of energy infrastructure in Pennsylvania, West Virginia and Ohio.
- Represented producers and midstream operators in connection with the drafting and negotiation of gas gathering agreements and related midstream agreements involving systems and operations in Pennsylvania, West Virginia and Ohio.
- Represented operators in connection with the negotiation and drafting of drilling contracts with drilling contractors related to the drilling of various vertical and horizontal wells, including shallow and unconventional wells.
- Negotiate and draft pipeline, storage and utility easements on behalf of various operating companies.
University of Richmond School of Law, J.D., 2008, cum laude
American University, B.A., 2005, Political Science / Interdisciplinary Studies: Communications, Legal Studies, Economics, Government
- Pennsylvania
- Supreme Court of Appeals of West Virginia
- U.S. District Court for the Northern District of West Virginia
- U.S. District Court for the Southern District of West Virginia
- West Virginia
Energy & Mineral Law Foundation
West Virginia Bar Association