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Energy and Oil & Gas Attorneys in Texas

6 min read

  • 3 firms listed
  • 3 questions answered

Oil and gas development in Texas runs through leases, title, permits, royalties, pipelines, and joint ventures, and each stage has its own legal risks. Mineral owners need leases that protect their royalty. Operators need clean title, permits, and operating agreements that allocate cost and control. When something goes wrong, the dispute often turns on the exact words of a lease written years earlier.

Regulation is split among agencies. The Railroad Commission of Texas oversees drilling permits, well spacing, production, and plugging. The Texas Commission on Environmental Quality handles environmental matters outside the Railroad Commission’s jurisdiction. Federal agencies, including the Bureau of Land Management and the Bureau of Safety and Environmental Enforcement, govern operations on federal lands and offshore. Environmental permits and cleanup are covered in the guide to environmental law attorneys in Texas, and offshore injuries in the guide to maritime and admiralty attorneys in Texas.

What Energy and Oil & Gas Attorneys Handle

Leases and Title

The lease sets the royalty rate, bonus, primary term, how royalty is valued, and whether post-production costs can be deducted. Attorneys negotiate leases for mineral owners and operators, review division orders, and prepare title opinions, which in Texas often means tracing decades of conveyances, reservations, and severances of the mineral estate from the surface.

Regulatory Compliance and Permitting

Drilling permits, completion reports, and production reports go through the Railroad Commission, and operators must follow statewide rules on spacing, disposal wells, and flaring. Attorneys handle permit applications, respond to Commission inquiries, and represent clients in contested hearings. Senate Bill 1150 (2025) limits extensions of plugging deadlines for wells that have been inactive for more than 15 years and were completed more than 25 years earlier, unless the operator qualifies for an exception, such as an approved compliance plan; parts of the law took effect September 1, 2025, and others take effect September 1, 2027. Facilities with air emissions or water discharges may also need TCEQ permits.

Royalty Disputes

Royalty claims arise from post-production cost deductions, measurement, and pricing. Whether deductions are allowed depends on the lease’s royalty clause, especially where it values production. In Heritage Resources, Inc. v. NationsBank (1996), the Supreme Court of Texas treated a “no deductions” clause as surplusage where royalty was based on market value at the well, so post-production costs could still be shared, according to a Texas A&M AgriLife Extension summary. Later cases turned on different lease language, so the full clause matters. Attorneys audit royalty statements, demand corrections, and litigate underpayment, surface damage, trespass, and lease termination claims.

Transactions and Joint Ventures

Acquisitions of producing properties, farmouts, participation agreements, and joint operating agreements require due diligence on title defects, environmental liabilities, preferential rights, and tax consequences. Attorneys draft operating agreements that allocate costs, decision-making, and default remedies among working interest owners.

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 is an objective signal of focused experience in the field.

Basin experience. The Permian Basin, Eagle Ford, Haynesville, and Barnett each have different operators, field rules, and local practices. Ask about work in your area.

Transactional or litigation focus. Some attorneys handle leases, acquisitions, and title; others handle royalty litigation and Railroad Commission contested cases.

Which side. Many firms represent operators; others focus on mineral and royalty owners. Choose one that regularly represents your side.

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

Title opinions and lease reviews are often quoted as flat fees based on the size of the tract and the length of the chain of title. Transactions, regulatory matters, and litigation are usually billed hourly, and acquisition due diligence on producing properties can be a significant cost. Some royalty underpayment cases are taken on contingency. Ask for a written estimate and fee agreement.

Frequently Asked Questions

What is the difference between mineral rights and royalty interests?

The mineral interest includes the right to lease the minerals to an operator and receive bonus, rentals, and royalty. A royalty interest is a share of production or its proceeds, free of the cost of production, without the right to lease or receive bonus. Both can be bought, sold, and inherited separately from the surface.

How long does an oil and gas lease last?

Most leases have a primary term, often three to five years. The operator usually is not required to drill during the primary term, because many leases are paid-up or allow delay rentals. If there is no production, or no qualifying operations under a savings clause, when the primary term ends, the lease generally terminates. Once production is established, the lease continues as long as the lease’s terms are met, typically production in paying quantities.

Can I challenge deductions from my royalty payments?

Possibly. The answer depends on your lease’s royalty clause, especially where royalty is valued, at the well or at the point of sale. Texas courts have held that a “no deductions” clause may not prevent post-production cost deductions if royalty is valued at the well. An attorney can review the full clause and your check stubs before you decide whether to pursue a claim.

Sources

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. 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.