Texas produces more oil and natural gas than any other state. The Permian Basin alone accounts for over 40% of U.S. crude oil production. That dominance creates legal complexity at every stage: lease negotiations, drilling permits, royalty disputes, pipeline easements, and regulatory compliance before the Railroad Commission of Texas. When millions of dollars flow through handshake deals and hundred-page operating agreements, experienced legal counsel separates profitable operations from costly litigation.
The regulatory framework spans multiple agencies. The Railroad Commission of Texas oversees drilling permits, well spacing, production allowables, and plugging requirements. TCEQ handles environmental matters outside the RRC’s jurisdiction. Federal agencies including the Bureau of Land Management and Bureau of Safety and Environmental Enforcement govern operations on federal lands and offshore waters. Attorneys who understand how these agencies interact can navigate permitting efficiently and defend against enforcement actions effectively.
What Energy and Oil & Gas Attorneys Handle
Lease Negotiation and Title Examination
Oil and gas leases determine royalty rates, bonus payments, primary terms, and post-production cost deductions. Landowners who sign operator-drafted leases without legal review often leave significant money on the table. Attorneys negotiate lease terms, review division orders, and conduct title examinations to confirm mineral ownership. Title work in Texas requires tracing ownership through decades of conveyances, reservations, and severances that separate surface and mineral estates.
Regulatory Compliance and Permitting
Drilling permits, production reports, and well completion filings all proceed through the Railroad Commission. Operators must comply with statewide rules governing well spacing, disposal wells, and flaring limits. Attorneys handle permit applications, respond to RRC inquiries, and represent clients in contested hearings when permits are challenged or violations alleged. Environmental permits from TCEQ may also be required for facilities with air emissions or water discharges.
Royalty Disputes and Litigation
Royalty underpayment claims arise when operators deduct excessive post-production costs, mismeasure production volumes, or calculate prices using unfavorable methodologies. Texas courts have addressed these issues extensively, but disputes remain common. Attorneys audit royalty statements, demand corrections, and litigate when operators refuse to pay amounts owed. Surface damage claims, trespass allegations, and lease termination disputes also generate significant litigation.
Transactions and Joint Ventures
Acquisitions of producing properties, farmout agreements, participation agreements, and joint operating agreements require careful drafting and due diligence. Attorneys structure transactions to address title defects, environmental liabilities, preferential purchase rights, and tax consequences. When deals involve multiple working interest owners, operating agreements must clearly allocate costs, decision-making authority, and default remedies.
How to Choose an Energy and Oil & Gas Attorney
Board certification. The Texas Board of Legal Specialization certifies attorneys in Oil, Gas, and Mineral Law. Certification requires substantial experience, peer references, and passing a specialized examination. Certified attorneys have demonstrated expertise that general practitioners lack.
Basin-specific experience. The Permian Basin, Eagle Ford Shale, Haynesville, and Barnett Shale each have distinct geology, operators, and local practices. Attorneys familiar with your operating area understand relevant field rules and have relationships with local landmen and title companies.
Transaction or litigation focus. Some oil and gas attorneys concentrate on transactional work: leases, acquisitions, and title opinions. Others focus on litigation: royalty disputes, lease termination claims, and RRC contested cases. Match your attorney’s focus to your needs.
Operator or landowner representation. Many firms represent operators exclusively, while others focus on mineral owners and royalty interest holders. Attorneys who regularly represent your side of transactions understand the issues and negotiating dynamics.
Texas Energy and Oil & Gas Attorneys
Oliva Gibbs LLP
Location: Houston, Texas (Energy Corridor)
Website: https://oglawyers.com
Phone: 713-930-9500
Every attorney at Oliva Gibbs is board-certified in Oil, Gas, and Mineral Law by the Texas Board of Legal Specialization. The team includes former landmen, in-house counsel, and energy executives who have worked rigs and managed operations before practicing law. The firm handles title opinions, oilfield services contracts, drilling leases, Railroad Commission permits, M&A transactions, and royalty disputes across the Permian, Eagle Ford, and Haynesville plays.
Practice Focus:
- Title examination and curative
- Drilling and production transactions
- Railroad Commission permitting
- Joint operating agreements
- Royalty disputes and litigation
McGinnis Lochridge
Location: Austin and Houston, Texas
Website: https://www.mcginnislaw.com
Phone: 512-495-6000
McGinnis Lochridge brings nearly a century of oil and gas experience to matters across Texas and beyond. The firm has handled disputes over mineral title ownership, royalty underpayment, lease termination, operating agreements, and surface damages. Attorneys understand the technical aspects of geology, reservoir engineering, and drilling operations, allowing them to translate complex evidence for judges and juries. The practice serves operators, mineral owners, and investors in transactional and litigation matters.
Practice Focus:
- Royalty and lease termination litigation
- Mineral title disputes
- Operating agreement conflicts
- Surface use and damage claims
- Trade secret disputes in oil and gas
Kelly Hart & Hallman LLP
Location: Fort Worth and Midland, Texas
Website: https://www.kellyhart.com
Phone: 817-332-2500
This Fort Worth-based firm has represented clients in the Permian Basin and throughout Texas. The energy practice handles acquisitions, divestitures, joint development agreements, and drilling transactions. Litigation experience includes royalty underpayment claims, lease termination disputes, seismic trespass cases, and contract conflicts across the Permian, Delaware, and Eagle Ford basins.
Practice Focus:
- Acquisitions and divestitures
- Joint development agreements
- Royalty and title litigation
- Seismic and surface disputes
- Regulatory compliance
Costs and Fees
Oil and gas legal fees vary significantly by matter type. Title opinions typically run $500 to $2,500 depending on complexity and chain-of-title length. Lease review and negotiation may cost $1,500 to $5,000 for straightforward transactions. Hourly rates for board-certified oil and gas attorneys range from $350 to $650 at most firms. Complex transactions and litigation require substantial time investments; acquisition due diligence on producing properties may cost $25,000 to $100,000 or more. Some royalty dispute attorneys work on contingency, typically collecting 25% to 40% of amounts recovered.
Frequently Asked Questions
What is the difference between mineral rights and royalty interests?
Mineral rights include the right to develop oil and gas or lease those rights to an operator, receiving both bonus payments and royalties. A royalty interest only entitles the owner to a share of production proceeds without the right to lease or participate in development decisions. Both interests can be bought, sold, and inherited separately from surface ownership.
How long does an oil and gas lease last?
Most leases include a primary term of three to five years during which the operator must commence drilling or the lease expires. If production is established, the lease continues for a secondary term that lasts as long as oil or gas is produced in paying quantities. Lease language determines exactly what maintains the lease beyond the primary term.
Can I challenge deductions from my royalty payments?
Yes. Texas law limits what costs operators can deduct from royalty payments, and lease language often provides additional protections. If your lease prohibits post-production cost deductions but your check stubs show deductions for gathering, compression, or processing, you may have a claim. Attorneys can audit your payments and pursue recovery of amounts improperly withheld.
Last Updated: January 2026
Disclaimer: This directory is provided for informational purposes only and does not constitute legal advice, endorsement, or recommendation of any attorney or law firm. Information about attorneys and law firms was compiled from publicly available sources and may not be current or accurate. We make no representations or warranties about the qualifications, experience, or quality of any attorney listed. Fee estimates are approximations only and actual costs may vary significantly. Always verify attorney credentials with the State Bar of Texas, confirm current contact information, and conduct your own due diligence before hiring legal counsel. No attorney-client relationship is created by use of this directory.