The Pursuit of Basin Consolidation and Contiguous Acreage Positions: Weighing the Risks and Benefits

11/15/2016

Reading Time : 2 min

Financial sponsors and exploration and production companies pursue acreage consolidation and contiguous acreage positions because such transactions allow them to optimize the utilization of infrastructure and achieve efficiency improvements, including centralized facilities, streamlined operations and reduced land work. Owning core acreage in a single location, as opposed to holding small pieces in multiple areas, allows producers with generally higher operating costs to harness greater efficiency benefits by implementing technological advancements in drilling, completions and productions. In addition, those investing in areas where they already hold assets have the advantage of being familiar with the geologic play at hand, allowing them to deploy their resources and generate attractive returns more quickly than if they had to acquaint themselves with the location. 

However, despite the benefits of basin consolidation, investors and operators should be mindful of certain risks associated with the strategy. Among other things, those seeking to do business in the “hot” areas are potentially paying a premium, which may be sizable and become a drag on the eventual return on investment. In addition, assets that are centralized in one location are likely subject to substantially similar risks across the portfolio, and as a result, the occurrence of any one risk would have a much greater impact on that operator than if its assets were diversified across multiple basins and operators. For example, upstream assets that are concentrated in one area may be disproportionately impacted by risks related to midstream providers and employees.  If a producer or sponsor seeks efficiency by using the same midstream infrastructure to get its entire product to market, any problem with such infrastructure would likely have a much greater effect on the business than if the assets or transportation and marketing options were diversified.  Similarly, before entering a market, producers and sponsors should evaluate the availability of skilled laborers in the area, particularly given that many may have scattered since the decline in oil prices. The lack of nearby skilled labor could significantly lessen the appeal of certain assets, given that access to a sufficient talent pool is fundamental to successful operations. 

Furthermore, acquirers that seek to roll up previously competing companies in the same basin should be mindful of how such companies’ cultures and management will work together following consummation of the transaction. An otherwise financially savvy investment may never deliver if an acquirer is unable to successfully integrate potentially disparate cultures that do not see eye to eye with respect to the assets or the operation thereof. Given such attendant risks, acquirers and targets should be careful to conduct thorough financial and legal due diligence with respect to both in any proposed transaction.

In sum, while the strategy of pursuing acreage consolidation and contiguous acreage positions is appealing, financial sponsors and exploration and production companies will benefit from carefully weighing the risks and benefits of each proposed acquisition prior to making their investments. 

For more information on managing the risk of investing in the oil patch in the current economic climate, see the blog post titled “Mitigating Private Equity Investment Risk in the Oil Patch” dated August 9, 2016, by Shubi Arora and Jhett R. Nelson.  

Share This Insight

Previous Entries

Speaking Energy

July 8, 2026

On June 18, 2026, the Federal Energy Regulatory Commission (FERC or the Commission) issued an order to ISO New England Inc. (ISO-NE) directing ISO-NE and ISO-NE participating transmission owners to show cause as to why ISO-NE’s tariff should not be found to be unjust and unreasonable (ISO New England Inc., 195 FERC ¶ 61,215 (2026) (Order)) because it fails to sufficiently:

...

Read More

Speaking Energy

July 7, 2026

On June 29, 2026, the Supreme Court granted a petition for certiorari in Leonard Hoffmann v. WBI Energy Transmission, Inc. (Hoffmann), which presents the question whether section 7 of the Natural Gas Act (NGA) requires pipeline companies using federal eminent domain authority to pay landowners’ attorney’s fees in states where landowners can recover those fees under state law. In the decision giving rise to the Supreme Court’s review, the U.S. Court of Appeals for the Eighth Circuit held that a group of ranchers were not entitled to recover their $383,300 in attorney’s fees incurred while negotiating their compensation—creating a circuit split with four other courts of appeals. Hoffmann will be heard during the Court’s October 2026 Term, and marks the second time in five years that the Court has agreed to interpret NGA section 7.

...

Read More

Speaking Energy

July 6, 2026

On June 29, 2026, the United States Supreme Court issued Trump v. Slaughter, fundamentally reshaping presidential removal authority over independent regulatory agencies. The decision overruled a 90-year-old precedent established in Humphrey’s Executor v. United States, which had upheld the constitutionality of commissioner removal protections in the Federal Trade Commission Act (FTC Act). As written, the FTC Act permits a commissioner’s removal “only for inefficiency, neglect of duty, or malfeasance in office.” In Slaughter, the Court was asked to reevaluate this standard following the President’s removal of a Democratic-appointed FTC commissioner from office in 2025 without cause. Finding for the President, the Court held that removal was permissible because the FTC Act’s for-cause removal protections for commissioners violate the separation of powers, specifically, the President’s removal power under Article II. The Court explained that the FTC exercises executive power because it promulgates binding rules, investigates and enforces those rules through administrative adjudications, and brings civil enforcement actions in federal court. It found that because it exercises these executive powers, its commissioners “must therefore be controlled by the Chief Executive, in whom such power is vested.” While previous recent cases addressing the scope of the Removal Power, Seila Law LLC v. Consumer Financial Protection Bureau and Collins v. Yellen purported to preserve some kernel of Humphrey’s, the Court made clear that “[i]f anything more is left of Humphrey’s, we overrule it.”

...

Read More

Speaking Energy

June 25, 2026

On June 18, 2026, the Federal Energy Regulatory Commission (FERC or the Commission) issued an order to the California Independent System Operator Corporation (CAISO) directing CAISO and CAISO transmission owners to show cause as to why CAISO’s tariff should not be found to be unjust and unreasonable (California Indep. Sys. Operator Corp., 195 FERC ¶ 61,214 (2026) (the Order)) because it fails to sufficiently:

...

Read More

© 2026 Akin Gump Strauss Hauer & Feld LLP. All rights reserved. Attorney advertising. This document is distributed for informational use only; it does not constitute legal advice and should not be used as such. Prior results do not guarantee a similar outcome. Akin is the practicing name of Akin Gump LLP, a New York limited liability partnership authorized and regulated by the Solicitors Regulation Authority under number 267321. A list of the partners is available for inspection at Eighth Floor, Ten Bishops Square, London E1 6EG. For more information about Akin Gump LLP, Akin Gump Strauss Hauer & Feld LLP and other associated entities under which the Akin Gump network operates worldwide, please see our Legal Notices page.