Michael E. McElroy

Mike is a founding partner of the firm, now known as McElroy, Sullivan, Miller & Weber, LLP and focuses his practice on oil and gas matters including regulatory, litigation, appellate and land title issues.  Mike currently serves as a Member of the State Bar of Texas Pattern Jury Charge Committee, the Oil, Gas & Energy Resource Law Council of the State Bar of Texas, the American Bar Foundation, the Texas Bar Foundation, the Travis County Bar Association (Sections on Administrative Law, Litigation, Oil & Gas and Energy Resource Law), and the American Bar Association.  Prior to entering private practice, Mike served as Counsel to John Poerner, Chairman of the Railroad Commission of Texas in 1980.  Mike also served as Counsel to the Texas Senate Natural Resources Committee in 1979 and was Director of the House Study Group for the Texas House of Representatives (now known as the House Research Organization) from 1976-1979.

notable representations

Texas Supreme Court

BP America Production Co. v. Marshall, et al., 342 S.W.3d 59 (Tex. 2011).

Lead trial counsel and co-appellate counsel for co-defendant Wagner Oil Company in oil and gas adverse possession case.  Successfully obtained jury verdict in trial court and affirmation by Supreme Court of judgment favorable to Wagner.

HECI Exploration Co. v. Neel, 982 S.W.2d 881 (Tex. 1998).

Trial counsel and co-appellate counsel for HECI in reversing a Court of Appeals decision which would have exposed operator to multi-million dollar claim which was barred by limitations/discovery rule.

Court of Appeals

Interpipe NTRP, Sepco Tubulars, Inc., North American Interpipe, Inc. v. United Resources, LP, No. 13-15-00151-CV, 13th Court of Appeals, Corpus Christi.

Co-trial counsel and co-appellate counsel for plaintiff United in case involving fraud, breach of contract and defective Ukranian casing.  Obtained multi-million dollar jury verdict in judgment.

Long v. Rim Operating, Inc., 345 S.W.3d 79 (Tex. App. – Eastland, pet. denied).

Lead trial counsel and co-appellate counsel in Joint Operating Agreement case.  Successfully obtained judgment for operator under JOA.

Thompson, et al. v. Clayton, 346 S.W.3d 650 (Tex. App.-El Paso 2009, no pet.).

Co-trial counsel and co-appellate counsel for oil and gas operating companies in dispute over access easement. Successfully obtained reversal of trial court decision and rendition of judgment granting access.

Glover v. Union Pacific RR Co., 187 S.W.3d 201 (Tex. App.–Texarkana 2006, pet. denied).

Vial v. Gas Solutions Ltd., 187 S.W.3d 220 (Tex. App.–Texarkana 2006, pet. denied).

Lead trial counsel and co-appellate counsel for Defendants, Anadarko Petroleum Corporation and Chevron Texaco, involving adverse possession of oil and gas leases. The Court of Appeals affirmed the trial court judgment in favor of defendants, holding that plaintiffs’ claims were barred by limitations and adverse possession.

Browning Oil Co., Inc. v. Luecke, 38 S.W.3d 625 (Tex. App.–Austin 2000, pet. denied).

Lead trial and co-appellate counsel for Browning concerning allocation of production to royalty owners from a horizontal wellbore located on both pooled and unpooled tracts of land.

Railroad Comm’n v. Arco Oil & Gas Co., 876 S.W.2d 473 (Tex. App.—Austin 1994, writ denied).

Co-trial counsel and co-appellate counsel for ARCO Oil & Gas Company invalidating a Railroad Commission rule restricting rates of production in the East Texas Field.

Selected Amicus Representation

Wagner & Brown, Ltd. v. Shepperd, 282 S.W.3d 419 (Tex. 2008) (Tex. Nov. 21, 2008).

Co-appellate counsel for group of some of the largest independent oil and gas producing companies in case interpreting lessee’s pooling authority. Court decided case favorably to lessee.

Natural Gas Pipeline Co. of America v. Pool, 124 S.W.3d 188 (Tex. 2003).

Co-appellate counsel for Wagner Oil Company in support of oil and gas lessee seeking to apply Doctrine of Adverse Possession to oil and gas lease. Court’s opinion tracks analysis of amicus brief.

recent publications

Allocation Wells in the Permian Basin published by the Rocky Mountain Mineral Law Foundation in the Proceedings of the 63rd Annual Rocky Mountain Mineral Law Institute, 2017

Production Allocation:  Looking for a Basis for Discrimination, 38 Oil, Gas and Energy Law Resources, L Sec & Rep 47 (2014)

Conventional Thinking Will Not Work in Unconventional Reservoirs: Will Texas Be Forced to Relive the Years Preceding the Conservation Movement of 100 Years Ago?  S. Texas College of Law Energy Law Institute, September 1, 2010

  • Oil and Gas
  • Litigation
  • Appellate
  • Administrative
  • Land Title
  • Mediation
  • University of Texas at Arlington and University of Texas at Austin (B.A., magna cum laude, 1975)
  • University of Texas (J.D., 1979)
  • 1979, Texas
  • U.S. District Court, Northern, Eastern and Western Districts of Texas
  • 5th Circuit Court of Appeals