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Jonathan A.
Hunter

Position
Partner
Office
New Orleans

Jonathan Hunter is a partner in the Litigation Practice Group. He advises oil and gas companies on energy and natural resources-related matters.


Drawing on his thirty years of litigation, negotiation, and counseling experience, Jonathan guides E&P companies through matters arising under the numerous federal statutes that govern operations on federal lands onshore and offshore (including the Gulf of Mexico, Pacific and Atlantic Oceans, and offshore Alaska). Whether challenging regulatory enforcement actions, intervening in citizen suits brought under federal environmental statutes, defending qui tam cases brought under the False Claims Act, or representing federal oil and gas lessees in governmental investigations, Jonathan has a long record of achieving excellent results for E&P companies operating on federal lands.

Jonathan’s experience also extends to oil and gas issues arising under state law, including the interpretation of oil and gas leases and joint operating agreements, payment of royalties, lease maintenance, and lease development. He has tried royalty, contract, and expropriation disputes in federal and state courts, and in arbitration. He has also served as an arbitrator in disputes arising from oil and gas operations.

Jonathan frequently lectures and organizes energy law programs, including those presented by the Rocky Mountain Mineral Law Foundation, for which he has served in numerous positions, including as the Foundation’s President in 2016 to 2017. He has also taught courses on basic Oil and Gas Law and Federal Offshore Oil and Gas Law at the Tulane University and Louisiana State University law schools. Jonathan chaired the committee that created the Rocky Mountain Mineral Law Foundation's Short Course on Federal Offshore Oil & Gas Leasing and Development.

A graduate of Yale College and the Louisiana State University Law Center, Jonathan has written and lectured extensively about offshore and onshore oil and gas topics.

Noteworthy

  • The Best Lawyers in America (2007–2018)
  • Benchmark Litigation, Local Litigation Star (2018)
  • New Orleans Magazine, Top Lawyer (listed annually since 2015)
  • Corporate Live Wire, Lawyer of the Year, New Orleans Energy & Natural Resources (2014)
  • Best Lawyers, "Lawyer of the Year," New Orleans Energy Law (2013 and 2016)
  • Louisiana Super Lawyers, Energy & Natural Resources (listed annually since 2008)
  • Chambers USA, Energy & Natural Resources: Oil & Gas (listed annually since 2005)

Experience

Federal Oil and Gas Leasing Program

  • W&T Offshore, Inc. v. Bernhardt, 946 F.3d 227 (2019) (argued), held that Interior’s method of resolving royalty-in-kind delivery imbalances violated the Administrative Procedure Act; established a precedent authorizing a federal lessee to receive credit for royalty overpayments based on the doctrine of equitable recoupment

  • Abbott v. BP, 851 F.3d 384 (5th Cir. 2017), defeated qui tam claim for more than $70 billion alleging that a federal lessee had falsely certified to compliance with regulatory engineering standards for the semi-submersible Atlantis platform
  • Oceana v. Bureau of Ocean Energy Management, 2014 U.S. Dist. LEXIS 42656; 44 ELR 20070 (D.D.C. 2014), held that environmental reviews conducted in conjunction with Gulf of Mexico Lease Sales 218 and 216/222 complied with the Endangered Species Act, NEPA, and the APA
  • Exxon Mobil Corp. v. Salazar, No. 2:11-cv-01474 (W.D. La.) (settled), challenging the final Department of the Interior decision denying a request for suspension of production for a deep water unit and potentially canceling leases with billions of dollars of crude oil reserves
  • Kerr-McGee Oil & Gas Corp. v. U.S. Dep’t of the Interior, 554 F.3d 1082 (5th Cir. 2009) (argued), held that the Department of the Interior could not enforce “price threshold” clauses in offshore federal leases because those clauses violated the Deep Water Royalty Relief Act; established a precedent valued by the Department of the Interior as saving the industry more than $30 billion in royalty payments
  • United States ex. rel. Little v. Eni Petroleum, Co., 2007 U.S. Dist. LEXIS 61942 (W.D. Okla. 2007), (dismissed federal royalty qui tam action)
  • Santa Fe Snyder Corp. v. Norton, 385 F.3d 884 (5th Cir. 2004) (argued), held that the Department of the Interior could not enforce regulations that imposed volumetric limitations on deep water royalty relief because those regulations violated the Deep Water Royalty Relief Act; established a precedent valued by the Department of the Interior as saving the industry more than $5 billion in royalty payments
  • Shell Offshore Inc. v. Babbitt, 238 F.3d 622 (5th Cir. 2001), reversed the final Department of the Interior decision disallowing tariff-based transportation allowances
  • BP Exploration & Prod. Inc. v. United States, 147 Fed. Cl. 623 (Ct. Cl. 2019) (holding that ONRR erroneously applied the six-year “adjustment period” under 30 U.S.C. 1721a(a)(4), rather than the seven-year period under 30 U.S.C. 1724(b), to a demand for refund of overpaid royalties submitted pursuant to 30 U.S.C. 1721a(b)), appeal No. 20-1832 (Fed. Cir.) dismissed on 9/25/2020

Oil and Gas

  • Guilbeau v. Hess Corp., 854 F.3d 310 (5th Cir. 2017) (argued), upholding the application of Louisiana’s “subsequent purchaser doctrine” in an oilfield contamination dispute
  • Weyerhaeuser Co. v. Hinton, 225 Fed. Appx. 332 (5th Cir. 2007) (argued), defeated a claim that a Louisiana mineral servitude had prescribed

Publications

  • "Interior Department Report Paves Way for Increase in Royalty Rates for Drilling on Public Lands and in Public Waters," Jones Walker LLP Government Relations Client Alert, November 30, 2021
  • "Biden's Power to Change Oil and Gas Leasing Faces Limits," Law 360, April 9, 2021
  • "Deference? Fair Notice? Rulemaking? Materiality? Key (Non-Royalty) Decisions That Directly Impact the Federal and Indian Royalty Program," Rocky Mountain Mineral Law Foundation Special Institute on Federal and Indian Oil & Gas Royalty Valuation and Management, 2018
  • "Federal Offshore Regulatory Enforcement Basics," Rocky Mountain Mineral Law Foundation Special Institute on Federal Offshore Regulatory Enforcement, April 30, 2016
  • "What Happened to Fair Notice? Federal Oil and Gas Lessees, Due Process, And Retroactive Changes To The Rules Of The Game," 65th Annual Oil and Gas Law Conference of the Institute of Energy Law, April 30, 2014
  • "OCS Update," 57th Lousiana Mineral Law Institute, April 30, 2010
  • "From the Thin Air to the Deep Water: Emerging Federal Royalty Issues," 55th Rocky Mountain Mineral Law Institute, April 30, 2009
  • "From President Truman To Governor Blanco: The Continuing Saga Of Federal-State Revenue Sharing," Rocky Mountain Mineral Law Foundation Special Institute On Federal And Indian Oil And Gas Royalty Valuation And Management, April 30, 2007
  • "View From The Platform—The Coastal States' Impacts On The Federal Offshore Leasing Program," 58th Annual Oil and Gas Law Conference of the Institute for Energy Law, April 30, 2007
  • "Operator Liability in the 21st Century: Is Being in Charge Still Worth It?" 51st Rocky Mountain Mineral Law Institute, April 30, 2005
  • "Louisiana Royalty Disputes," Nat. Resources and Env't., Vol 12, No. 1, April 30, 1997
  • "Year in Review," ABA Section of Natural Resources, Energy and Environmental Law, April 30, 1997

Presentations

  • "Setting the Legal Framework – The Outer Continental Shelf Lands Act, Continuing Issues of Federal/State Authority, and the Role of the Department of the Interior," Rocky Mountain Mineral Law Foundation Federal Offshore Oil & Gas Leasing and Development, February 2022
  • "A Time of Transition for Offshore Oil and Gas Operations," Louisiana State University, Mineral Law Institute, April 16, 2021
  • "The Department of the Interior in a Time of Transition: The Future of Oil and Gas Leasing, Public Lands, and Wildlife Law," Rocky Mountain Mineral Law Foundation Webinar, February 9, 2021
  • "The Ongoing Impact of COVID-19 in Energy and the Economy — A Regulatory, SEC and M&A Perspective," Louisiana Energy Conference, New Orleans, Louisiana, May 27, 2020
  • "Setting the Legal Framework: The OCSLA, Continuing Issues of Federal/State Authority, and the Role of the Department of the Interior," Rocky Mountain Mineral Law Foundation Short Course on Federal Offshore Oil and Gas Leasing and Development, January 1, 2018
  • "Adjacent State Law as Surrogate Federal Law for the OCS", April 30, 2013, Rocky Mountain Mineral Law Foundation Short Course on Federal Offshore Oil and Gas Leasing and Development
  • "Liability of Predecessors, Successors and Assigns," Rocky Mountain Mineral Law Foundation Short Course on Federal Offshore Oil and Gas Leasing and Development, April 30, 2013, Rocky Mountain Mineral Law Foundation Short Course on Federal Offshore Oil and Gas Leasing and Development
  • "Searching For A Square Corner: A Royalty Lawyers Look At Valuation, Ethics, and Legal Advice," Rocky Mountain Mineral Law Foundation Special Institute on Federal and Indian Royalty Valuation and Management, April 30, 2004
  • "Practice Under the Deepwater Royalty Relief Act," The Energy Law Institute for Attorneys and Landmen, September 30, 2003
  • "Offshore Gumbo: NTLs, FPSOs, OMM, MMS - 2005, OSFR, DWWR, SOOs, SOPs, Etc. Current Offshore Regulatory and Due Diligence Issues For The Land Professional," AAPL Annual Meeting, April 30, 2000

Memberships

  • American Bar Association
  • Louisiana Mineral Law Institute Advisory Council, 2008–2017
  • Louisiana State Bar Association
  • New Orleans Bar Association
  • Paul M. Hebert Law Center, Louisiana State University, Instructor, "Navigating the Complex Regulatory World Of Offshore Leases," 2014
  • Rocky Mountain Mineral Law Foundation, Co-Chair, Special Institute on Federal and Indian Oil & Gas Royalty Valuation and Management, October 2018; President, 2016–2017; Vice-President, 2015–2016; Treasurer, 2007–2009; Executive Committee 2005–2009; Trustee-at-Large, 2002–2007; Co-Chair and Lecturer, Short Course on Federal Offshore Oil and Gas Leasing and Development, 2003–present; Co-Chair, Special Institute on Oil and Gas Development on the Outer Continental Shelf, April 2002
  • Tulane University Law School, Adjunct Assistant Professor of Law, “Oil and Gas Law” and “Federal Offshore Oil & Gas Law,” 2001–2008
black and white headshot of Jonathan A. Hunter
New Orleans
201 St. Charles Ave
New Orleans, LA 70170-5100
D: 504.582.8279
F: 504.589.8279
Emailjhunter@joneswalker.com

Education

  • Louisiana State University Paul M. Hebert Law Center
    JD, 1987
    Order of the Coif; Editor-in-Chief, Louisiana Law Review 
  • Yale University
    BA, 1983

Bar Admissions

  • Louisiana

Court Admissions

  • US Supreme Court
  • US Court of Appeals for the Federal Circuit
  • US Court of Appeals for the Fifth Circuit
  • US Court of Appeals for the Ninth Circuit
  • US Court of Appeals for the District of Columbia Circuit
  • US District Court for the District of Columbia
  • US District Court for the Eastern District of Louisiana
  • US District Court for the Middle District of Louisiana
  • US District Court for the Western District of Louisiana
  • US Court of Federal Claims

Related Practices

  • Appellate Litigation
  • Energy & Natural Resources Practice
  • Energy Litigation

Related Industries

  • Energy, Environmental & Natural Resources
  • Maritime
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