David E. Jackson

Admission to Bar

  • Oklahoma (1981)
  • Texas (1982)

Education

  • The University of the South, Sewanee, Tennessee (B.A. 1978)
  • University of Tulsa, College of Law (J.D. 1981)

Professional Experience

  • Partner, Jackson, Sjoberg, & Townsend, L.L.P. (January 2017 – present)
  • Partner, Jackson, Sjoberg, McCarthy & Townsend, L.L.P. (and predecessor firms)(January 1999 – December 2016)
  • Principal, Law Offices of David E. Jackson (March 1995 – December 1998)
  • Partner, McGinnis, Lochridge & Kilgore, L.L.P. (January 1987 – February 1995)
  • Associate, McGinnis, Lochridge & Kilgore, L.L.P. (October 1982 – December 1986)
  • Staff Attorney, Thomas D. Coffman, Inc. (June 1981 – October 1982)

Professional Awards & Activities

  • Board Certified in Oil, Gas & Mineral Law by the Texas Board of Legal Specialization (1988-Present)
  • Named a “Super Lawyer” by Thomson Reuters in 2005 – 2013 for Energy and Natural Resources
  • Texas Bar Foundation, Life Fellow

Professional Associations

  • Texas State Bar
  • Oklahoma Bar Association
  • American Bar Association
  • Texas Mineral Landmans’ Association, a division of the AAPL
  • Texas Mining & Reclamation Association
  • Travis County Bar Association Oil, Gas & Mineral Law Section (Vice President 1987-1988)
  • Institute for Energy Law (formerly the Southwestern Legal Foundation) (Member, Advisory Board 2002 – Present)
  • Member, Oil, Gas & Mineral Law Advisory and Exam Commissions, Texas Board of Legal Specialization (2007 – 2013)

Practice Area Information

Mr. Jackson is Board Certified in Oil, Gas and Mineral Law by the Texas Board of Legal Specialization. He was first certified in that specialty in 1988, and recertified in 1993, 1998, 2003, and 2008. For over 25 years, Mr. Jackson has worked in areas related to oil, gas and mineral law, the mining of Texas lignite, regulatory matters before the Railroad Commission of Texas, and real estate transactions. Mr. Jackson regularly appears before the Railroad Commission of Texas, as well as in various state district courts, appellate courts and other state agencies. His practice before the Oil and Gas Division of the Railroad Commission has included numerous contested case hearings on a wide variety of matters, including Rule 37 and Rule 38 cases, field rules, productive acreage, proration, safety issues related to hydrogen sulfide (H2S) under Statewide Rule 36, and proper field designations. He also deals regularly with Oil and Gas Division staff on well permitting and compliance matters, including the permitting and operation of underground hydrocarbon storage wells under Statewide Rules 95 and 97. Mr. Jackson’s practice before the Surface Mining and Reclamation Division of the Railroad Commission (SMRD) has involved the permitting of surface lignite mines, defending and negotiating settlements of mine permit protests, as well as related proceedings, including successfully defending an “unsuitability petition” filed by opponents of a proposed surface lignite mine. He has worked on initial mine permit applications, as well as the renewal and revision of existing mine permits. Mr. Jackson also deals regularly with SMRD staff on mine permit compliance matters. He has assisted in the preparation of an environmental impact statement (EIS) submitted to the U.S. Army Corps of Engineers for a Corps permit related to a new, and now permitted and operating, surface lignite mine, and has worked on endangered species issues related to the Federally-listed Houston Toad and other State-listed endangered species. With regard to the opening of new surface mines, Mr. Jackson has represented clients in property and lease acquisition programs, the relocation of oil and gas wells, pipelines and utilities, road relocations (involving both State highways under TxDOT jurisdiction and county roads under the jurisdiction of individual Counties), archeological and environmental surveys, and the relocation of cemeteries. Mr. Jackson has extensive experience examining title to oil and gas properties and coal and lignite properties. He regularly advises clients concerning the drafting of mineral leases, deeds and other instruments used in title curative. Mr. Jackson’s expertise includes boundary and title issues, and he has represented clients before the Texas General Land Office (GLO) in connection with vacancies and boundary issues related to original patents. He has also appeared in a GLO vacancy proceeding before the State Office of Administrative Hearings (SOAH). Mr. Jackson also handles complex litigation for clients. Past representative cases include those involving the application of the Accommodation Doctrine to mineral and surface owners, take-or-pay litigation for gas producers, and other litigation related to oil, gas, lignite and mineral interests. He has appeared before the Third Court of Appeals in Austin in oral arguments, and before the Texas Supreme Court through briefs for parties to the litigation, as well as for amicus curie. Mr. Jackson has testified as an expert witness in various state district courts on issues relating to oil, gas and mineral law and the application of Railroad Commission rules. He has also testified as an expert witness at the Railroad Commission regarding the application of conflicts of interest rules to attorneys practicing before regulatory agencies. As part of one of the Texas submittals related to the FutureGen Project (ultimately won by Illinois, and then cancelled by the Department of Energy), Mr. Jackson negotiated and drafted a CO2 sequestration lease that was granted to the State of Texas. Mr. Jackson graduated from The University of the South, Sewanee, Tennessee, in 1978, with a B.A. in History. He graduated from the University of Tulsa, College of Law, in 1981 with a J.D. and an emphasis in Energy Law. He is licensed to practice law in both Oklahoma and Texas. Following law school, Mr. Jackson worked as a staff attorney for an independent oil producer. In 1982, he joined the Austin law firm of McGinnis, Lochridge & Kilgore, L.L.P. as an associate, and became a partner in that firm in January 1987. After 8 years as a partner in McGinnis, Lochridge & Kilgore, L.L.P., Mr. Jackson left the firm in 1995 to establish his own law practice. Effective January 1, 1999, Mr. Jackson and Matt Sjoberg formed Jackson & Sjoberg, L.L.P., the predecessor firm to Jackson, Sjoberg, McCarthy & Wilson, L.L.P.

Publications & Speeches

Author/Speaker

Mr. Jackson is a frequent speaker at meetings of the Texas Mineral Land Association, providing annual case law updates, as well as reviews of specific topics of interest, including the meaning of “other minerals” under Texas Case law as applied to mineral and royalty owners, the Accommodation Doctrine, and the ethical conduct of landmen and lawyers. He is the author of the paper entitled “Surface Use: The Dominant Estate, Reasonable Use and Due Regard” presented by Mr. Jackson at the State Bar of Texas 24th Annual Advanced Oil Gas and Energy Resources Law Course in 2006. See, David E. Jackson, Surface Use: The Dominant Estate, Reasonable Use and Due Regard, State Bar of Texas, 24th Annual Advanced Oil Gas and Energy Resources Law Course, ch. 13 (2006).