Katie Schroder is a co-chair of the Clean Energy & Sustainability Group and partner at Davis Graham & Stubbs LLP. Ms. Schroder’s practice focuses on all aspects of energy development on federal lands. She possesses a diverse skill set that enables her to assist developers through a project’s entire life cycle – from project permitting through any administrative or judicial litigation.
Prior to joining DGS, Ms. Schroder was a partner at a boutique oil and gas firm. She also served as an attorney-advisor in the U.S. Department of the Interior’s Office of the Solicitor as part of the Solicitor’s Honors Program. After law school, she clerked for Justice Alex J. Martinez of the Colorado Supreme Court.
Ms. Schroder counsels project developers seeking to permit conventional, linear, and renewable energy projects on federal lands. Ms. Schroder regularly advises on compliance with the Natural Environmental Policy Act (NEPA), National Historic Preservation Act (NHPA), Endangered Species Act (ESA), Federal Land Management and Policy Act, and Bureau of Land Management and Forest Service land use plans. She takes a pragmatic and solution-oriented approach to negotiate directly with federal agencies on behalf of project proponents.
Ms. Schroder’s experience includes the authorization of oil and natural gas, wind, and transmission projects on and across federal lands. She also counsels clients on emerging technologies such as carbon capture, utilization, and sequestration. Ms. Schroder has successfully permitted energy projects ranging in size from qualifying for Determinations of NEPA Adequacy or categorical exclusions to requiring multi-year environmental impact statements. Similarly, she has advised on biological opinions under the ESA and negotiated programmatic agreements under the NHPA.
Ms. Schroder regularly and efficiently represents clients in administrative appeals before federal agencies. She has participated in dozens of appeals before the Interior Board of Land Appeals and has appeared before the Interior Board of Indian Appeals. She routinely participates in appeals before Bureau of Land Management State Directors, the Office of Natural Resources Revenue Director, and offices of the Bureau of Indian Affairs and Forest Service.
Ms. Schroder has appeared in administrative litigation in federal courts in Colorado, Wyoming, Utah, North Dakota, California, Alaska, and the District of Columbia. She has represented project proponents to defend agency approval of their projects and to challenge adverse agency decisions. She has also challenged agency decisions and successfully litigated nationwide agency rules.
Federal Wildlife Laws
Ms. Schroder advises on compliance with the ESA, Migratory Bird Treaty Act, and Bald and Golden Eagle Protection Act, on both private lands and federal lands. She reviews and negotiates habitat conservation plans to secure incidental take permits under the ESA and candidate conservation plans to secure enhancement of survival permits under the ESA.
Federal Oil & Gas Leasing and Permitting
Ms. Schroder regularly counsels clients on the procedures to secure and administer federal oil and gas leases and to obtain permits to drill. Particularly, she advises on the competitive leasing process, issues such as suspensions and reinstatements of federal leases, and federal unit and communitization agreements. She also advises on federal royalty compliance and issues arising with the Office of Natural Resources Revenue.
This week, the U.S. Fish and Wildlife Service (“USFWS”) extended the effective dates of its decisions to list populations of...
On November 30, 2022, the U.S. Bureau of Land Management (“BLM”) proposed new rules that would regulate the venting, flaring...
The U.S. Fish and Wildlife Service (USFWS) has released a final rule listing distinct population segments of the lesser prairie-chicken...
On September 14, 2022, the U.S. Fish and Wildlife Service (USFWS) published a proposed rule to list the tricolored bat...
Senate Legislative Counsel, Draft copy of ELT22557 0PR Released September 21, 2022 This week, Senator Joe Manchin released an updated...
In the last few weeks, the Bureau of Land Management has seen a flurry of litigation activity over oil and...