Kathleen C. Schroder

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, where she advised the multiple bureaus within Interior. After law school, she clerked for Justice Alex J. Martinez of the Colorado Supreme Court.

Project Counseling

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.

Administrative Appeals

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.

Litigation

Ms. Schroder has appeared in administrative litigation in federal courts in Colorado, Wyoming, Utah, North Dakota, California, and the District of Columbia. In these cases, she has represented project proponents to defend agency approval of their projects and to challenge adverse agency decisions. She has also challenged agency rules that adversely impact developers.

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.

Affiliations & Awards

• Rocky Mountain Mineral Law Foundation
  • Chair, 65th Annual Institute (2019)
  • Chair, Publications Committee (2011 – 2018)
  • Board of Directors (2020 – present)
• Energy Outreach Colorado, Board of Directors
• Western Energy Alliance, Board of Advisors
• Colorado Cleantech Industries Association, Energy Fellows Institute (2021)
• Rice University Baker Institute Young Professionals Roundtable
• DGS Women’s Network, Chair
• DGS Diversity, Equity & Inclusion Committee
• Best Lawyers, Natural Resources Law, 2021-2022
• Top Lawyer – Natural Resources Law, 5280 Magazine, 2021
• Public Land & Resources Committee, ABA Section of Environment, Energy, and Resources, Former Chair

Publications & Presentations

• “Carbon Capture, Utilization, and Sequestration,” DGS Webinar, (2021) (with John Jacus and Kathleen Pritchard)
  
• “Bureau of Land Management Rules Affecting Royalty Reporting and Payment,” Federal and Indian Oil & Gas Royalty Valuation and Management, Paper No. 4, Rocky Mt. Min. L. Fdn. (2018).
• “Mitigation & NEPA: How Does a Procedural Requirement Impact Agency Decisions?” National Environmental Policy Act, Paper No. 11, Rocky Mt. Min. L. Fdn. (2017) (with Timothy R. Canon II)
• “An Evolving Landscape of Priorities for Species, Habitats, and Biodiversity,” International Mining and Oil & Gas Law, Development, and Investment, Paper No.19, Rocky Mt. Min. L. Fdn. (2017) (with Patricio Leyton & Nicholas L. Owens)

• “How to Put a Price on Nature,” Advanced Public Land Law: The Continuing Challenge of Managing for Multiple Use, Rocky Mt. Min. L. Fdn. (2017) (with Nels C. Johnson)
• “Permitting and Trespass Issues Associated with Horizontal Development on Federal Lands and Minerals,” 62 Rocky Mt. Min. L. Inst. 12-1 (2016) (with William Lambert)
• “Complex Permits Under Section 10 of the Endangered Species Act,” Endangered Species Act: Current and Emerging Issues Affecting Resource Development, Rocky Mt. Min. Law Fdn. (2015) (with David Zippin)
• “Flexible FLPMA: Renewable Energy Development on Public Lands,” Public Land Law, Regulation & Management, Paper No. 7, Rocky Mt. Min. Law Fdn. (2014) (with Roxane Perruso)
• “Making Sure Your Well is the Only Thing Going Sideways: Federal Permitting Issues Associated with Horizontal Development on Federal Lands and Minerals,” Horizontal Oil & Gas Development, Paper No. 11, Rocky Mt. Min. Law Fdn. (2012)
• “The Alternatives Analysis,” The NEPA Litigation Guide (Amer. Bar Ass’n, 2d ed. 2012) (with Laura Lindley)
• “Clean Air, Hazy Law: The Emerging Interplay between NEPA, FLPMA, and the Clean Air Act,” 55 Rocky Mt. Min. Law Inst. 14-1 (2009) (with Jennifer L. Biever)