John B. McFarlandShareholder
Mr. McFarland represents land and mineral owners in oil, gas and mineral law, water law, and environmental law issues, in both transactional and litigation matters. He also represents landowner in negotiation of solar leases and CO2 sequestration leases. In the last forty years, Mr. McFarland has negotiated oil and gas leases and lease options covering more than a million acres of land in Texas. His practice includes negotiation of seismic survey permits, data use licenses, purchase and sales agreements, pipeline easements, and financing agreements covering leasehold, mineral and royalty interests, and litigation of title and royalty cases. He obtained Board Certification as a Specialist in Oil, Gas and Mineral Law in December 1986.
Mr. McFarland is the author of the Oil and Gas Lawyer Blog.
- Admitted to bar, 1975, Texas. Board Certified, Oil, Gas and Mineral Law, Texas Board of Legal Specialization. Briefing Attorney to the Honorable Ruel C. Walker and to the Honorable Ross E. Doughty, Supreme Court of Texas, 1975-1976.
- Education: Yale University (B.A., cum laude, 1972); University of Texas (J.D., 1975). Order of the Coif.
- Member: Austin Bar Association (Oil, Gas and Mineral Law Section); American Bar Association (Law Practice Management Section); State Bar of Texas (Oil, Gas and Energy Law Section)
- Fellow: Texas Bar Foundation
AWARDS AND HONORS
- Listed in The Best Lawyers in America® published by Woodward/White, Inc., Bet-the-Company Litigation, Commercial Litigation, Litigation – Environmental, Natural Resources Law, and Oil & Gas Law, (2008-2024)
- AV® Preeminent™ Peer Review Rating, Martindale.com
- Texas Monthly, Super Lawyers®, published by Thomson Reuters, 2009-2020
- Chair, Monday Connection Committee, Seminary of the Southwest
- Member of Advisory Board, Texas Land and Mineral Owners Association
- Former Member, Front Steps Board of Directors
- Former Mentor, Education for Ministry program, Good Shepherd Episcopal Church
- Former Member, Endowment Committee, St. Stephens Episcopal School
- Former Member, Board of Trustees, Trinity Episcopal School
PUBLICATIONS AND PRESENTATIONS
- “Let’s Make a Deal: Selected Issues When Negotiating a Modern Oil and Gas Lease,” with Paul G. Yale and Kelly Kenney, 67th Annual Institute Proceedings of The Foundation for Natural Resources and Energy Law (2021)
- Speaker at 2022 GDHM Webinar, Allocation Wells
- Speaker at 2021 GDHM Webinar, Post-Production Costs
- Speaker at 2020 GDHM Land & Mineral Owner Workshop – Allocation and Pooling Agreements
- Author and Presenter, “Case Update,” NALTA Austin Webinar, June 16, 2020
- Author and Presenter, “Negotiating the Oil and Gas Lease from the Landowner’s Perspective,” Rocky Mountain Mineral Law Foundations Advanced Landman’s Institute, November 7-8, 2019
- Presenter, “Allocation Wells and production Sharing Agreements,” NARO Texas Convention, July 21-23, 2019
- Speaker at 2019 GDHM Land & Mineral Owner Seminar – Case Law Update
- Co-Author and Co-Presenter with Terry Cross, “Negotiating the Oil and Gas Lease,” Rocky Mountan Mineral Law Foundation Oil & Gs lease Institute, May 2-4, 2018
- Speaker at 2018 GDHM Land & Mineral Owner Seminar – When and How Can an Operator Deduct Post Production Costs from your Royalty?
- Co-Presenter, “Production Sharing Agreements and Allocation Wells Update,” 2017 UT Law Ernest E. Smith Oil and Gas Law Institute
- Speaker at 2017 GDHM Land & Mineral Owner Seminar – When and How Can an Operator Deduct Post Production Costs from your Royalty?
- Speaker at 2016 GDHM Land & Mineral Owner Seminar – Allocation Wells Update
- Author, Checklist for Negotiating and Oil and Gas Lease, Petroleum Accounting and Financial Management Journal, Fall/Winter 2016, Vol. 35 No. 3.
- Presenter, “Cost Free Royalty and Chesapeake v. Hyder,” 2015 Convention of National Association of Royalty Owners – Texas, July 17, 2015
- Presenter, “Texas Oil and Gas for Michigan Lawyers,” 2015 Michigan Real Property Law Section Winter Conference
- Co-presenter, “Production Sharing for Horizontal Wells,” 2014 UT Law Ernest E. Smith Oil and Gas Law Institute
- Author and presenter, “Oil and Gas Lease Basics,” 35th Annual Advanced Real Estate Law Course, State Bar of Texas, July 2013
- Author and co-presenter, “Oil and Gas Leases: Structuring Key Provisions,” Strafford Video Seminar, March 2013
- Co-authored with Nicholas C. Miller, “Saltwater Disposal Well Leasing: High Waters Float All Boats,” presented at the Texas State Bar Advanced Oil, Gas and Energy Resources Law Course, September, 2013
- Panel Speaker, “Role of Localities and the Public in Shaping Drilling’s Future,” Key Legal Issues and Future Directions in the Environmental Impacts of Shale Development and Hydraulic Fracturing, Environmental Law Institute seminar; January, 2013
- Panelist/presenter, “The Future of Regulation in Hydraulic Fracturing,” State Bar of Texas Advanced Real Estate Law Course, July, 2012
- Author, Checklist for Negotiating an Oil and Gas Lease
- Conflicts Between Private Royalty Owners and Payors Over Royalty Owner Rights: Legal and Practical Solutions, National Oil and Gas Royalty Conference, Houston, Texas, November 5-6, 2001