Cox Smith lawyers offer practical insight, business focus and legal sophistication when counseling oil and gas producers and public and private utilities. Many of our client relationships extend back decades, and all the companies we serve rely on us because we know their industry and speak their language.

Client focus

• Independent oil and gas producers of all sizes, from South & Central Texas to the Gulf coast
• Individual or institutional landowners that lease their properties for oil and gas production
• Large integrated municipal electric and gas utilities
  Smaller municipal and electric cooperative electric distribution systems
• Producers of alternative energy, ranging from nuclear power plants to wind farms
• Large commercial and industrial customers in the Texas retail electric market
• Water utilities and commercial users of water resources
• Energy mining producers of coal/lignite and uranium

Services to oil & gas clients
Acquisitions. Our energy industry lawyers help oil and gas producers structure sales and acquisitions of producing and non-producing properties, pipelines, processing plants, and other related assets. We have knowledge on the due diligence issues in these transactions as we negotiate and draft the necessary documents, including those facilitating joint operating agreements, leases, and other forms of joint ventures.

Contracts. For oil and gas producers, we structure the full range of production agreements (farmout, exploration, master service, joint venture, gas sale and purchase), and facilitate transportation, property leasing, gathering and processing arrangements. We handle oilfield and drilling services contracts and master service agreements, including advice on royalty issues and other disputes concerning allocation of revenues and expenses.

Financing. Cox Smith has represented financial institutions for more than 25 years in oil and gas loan transactions. That kind of experience on the lender side means we can help production companies secure the financing they need, even under time-sensitive conditions.

Litigation. We represent our clients in virtually any dispute that arises during the normal course of oil & gas operations. Our familiarity with the industry enables us to try, settle, arbitrate or mediate controversies over leases, royalties, contracts, and damage or negligence claims. Often we devise creative business transactions that resolve an acrimonious situation by helping the parties work together as partners.

Condemnation/eminent domain. Our experience at land use and eminent domain matters is useful for midstream energy companies, particularly common carrier pipelines that can initiate condemnation proceedings much as do utilities. We have the knowledge of both industry needs and administrative proceedings that help secure pipeline rights of way, often without acrimonious litigation.

Services to electric energy clients
Regulation. Cox Smith represents both municipal electric utilities and electric power users in their dealings with the Public Utility Commission (PUC) of Texas. We advise our clients in PUC regulatory matters that involve rate proceedings, transmission and distribution, and power marketing. Our lawyers also help develop power supply arrangements, aggregated buying groups and cogeneration projects within the state’s deregulated market system.

Operations. We are active in major administrative and judicial proceedings involving natural gas supply, electric interconnection issues, construction of nuclear and other generation facilities, and inter-utility relations. Our work also has included drafting and negotiating contracts for large power generation facilities (including a major coal-fired utility plant in East Texas), public policy advocacy with the PUC and the Texas Legislature, and negotiation of franchise and other agreements with local governments.

Condemnation/eminent domain. We represent public utility clients (major gas, electric and water utilities as well as electric cooperatives) in land use issues, particularly eminent domain and right of way disputes. Our lawyers often secure rights of way for utility projects without costly litigation, thanks to our knowledge of administrative condemnation procedures and our ability to arrive at solutions that both landowners and municipal utilities can agree on.

Public law. Municipal utilities and electrical cooperatives typify the quasi-public energy organizations that rely on us for guidance in matters concerning land development, public bidding and procurement, public finance, organization and governance, open meetings law, and many additional governmental overlay requirements.

Services to alternative energy clients
Nuclear energy. As general counsel to an independent operating company for a nuclear power facility, we have experience in the complex realm of nuclear energy law, representing municipalities and private entities involved in the plant’s operation. For example, we represented a municipal utility client in rule-making advocacy related to the funding for acquiring a private co-participant’s share in the nuclear project.

Renewable energy. In recent years, Cox Smith has developed a strong capability in helping landowners develop renewable energy production. We have handled projects as big as a 200,000 acre wind farm that can generate a maximum 800 megawatts of power and also advise on biomass, anaerobic digestion and waste-to-gas installations. Our advice encompasses coordinating transmission capacity, compliance with environmental regulations (particularly for wind energy installations) and facilitating joint use agreements on land used for both energy and agricultural or industrial purposes.

Energy mining. Producers of energy minerals, ranging from uranium to coal and lignite rely on our firm to help secure mining rights, structure the contracts necessary for mine construction and operation, and achieve environmental compliance (particularly for open pit and strip coal mines, and uranium mines that use water leaching processes).

Services to water utility clients
Regulation. We understand the unique rules for the Edwards Aquifer Authority in the San Antonio region and are at the forefront of water rights law in South Texas under the Texas Water Code. Developers, regulators, water utilities, landowners, financiers and investors seek his counsel and representation on a broad array of legal issues and in adjudicative proceedings involving water rights and the provision of water services.

Development. Our firm has represented developer and utility clients in recycled water supply projects to conserve drinking water resources while providing irrigation water for parks, golf courses and farms. We also conduct due diligence review for developer clients on water rights and water service issues associated with the development of land, and have advised investors on water projects to acquire, transport and deliver water to municipalities.