Austin Brister

Austin Brister lives and breathes oil and gas law. He serves as both a trusted advisor and skilled first-chair litigator for Texas upstream oil and gas operators and non-operators, from independent operators to major corporations. With his down-to-earth style and deep industry knowledge, Austin cuts through complexity to deliver clear, practical solutions for his clients' toughest challenges.

What sets Austin apart is 14 years of deep and total immersion in all things Texas oil and gas law. For over a decade, he has personally briefed and published case analysis of every single Texas oil and gas decision. That practice, along with his frequent legal publications and speaking engagements, have built a uniquely mastered working knowledge of the field that lets him jump straight into solving client problems. Whether it's untangling thorny title issues, strategizing difficult joint operating agreement or farmout problems, or tackling complex royalty or operatorship litigation, Austin brings a breadth of experience and insight that can only come from years of total immersion in the field.

When clients face high-stakes litigation or uncharted legal territory, they trust Austin to be their advocate, and know he has the expertise to guide them through. Austin’s track record includes securing favorable summary judgment rulings in numerous cases in South Texas, Central Texas, East Texas, and the Permian Basin, to securing favorable decisions in multiple appellate courts and even the Texas Supreme Court on novel issues, to winning unanimous awards on both the plaintiff and defense side of complex commercial arbitration with alleged damages in excess of $100M. Austin’s cases often involve emerging issues like allocation wells, subsurface storage, and novel royalty language, or thorny tangled webs of contracts, convoluted legal precedent, and complex facts.

Outside of the courtroom, oil and gas companies turn to Austin as their go-to resource for strategic guidance. Austin's reputation for combining deep substantive expertise with practical business sense has earned him the trust of clients and peers alike. In fact, other prominent firms regularly seek his counsel on complex substantive issues—a testament to his standing as a trusted authority in the field. At the end of the day, Austin's goal is simple: help clients navigate complex energy challenges with confidence and clarity.

Beyond his client work, Austin actively shapes the conversation around oil and gas law. Every year, he is invited to several oil and gas law conferences to give presentations on important oil and gas law issues. He has also published a body of written thought leadership in academic journals and industry publications alike, including case law updates and articles exploring practical real-world issues facing the oil and gas industry.

Austin’s leadership in oil and gas law has also extended into several roles in prominent industry organizations. He was elected as a Trustee-At-Large for the Foundation for Natural Resources and Energy Law, Co-Chaired its Oil and Gas and Landman's sections for an Annual Institute, and has been elected to multiple terms for its Programs Committee. He also currently serves as Treasurer of the Houston Bar Association’s Energy Law Section. You'll often find him sharing insights at major industry conferences or delivering in-house presentations to energy company legal teams on the latest developments in Texas oil and gas law.

Austin is well-known by members of the oil and gas bar across the state. He’s been recognized by several groups in both the fields of “Litigation” and “Energy,” including back-to-back selection to Lawdragon’s 2023 and 2024 lists of “500 Leading U.S. Energy Lawyers,” back-to-back selection to Benchmark Litigation’s “40 & Under List” for 2023 and 2024, among others.

For a list of honors, leadership roles, and a selection of some publications and speaking engagements, see the Honors and Recognition and Thought Leadership tabs.

News

Publications

Awards and Accolades

Austin has been selected for several awards and accolades, including the following:

• Selected to Benchmark Litigation's 40 & Under Hot List (2021, 2022, 2023, 2024)
• Named on Lawdragon's "500 Leading U.S. Energy Lawyers" list (2023, 2024)
• Selected to Super Lawyers Rising Stars list, a Thomson Reuters service (2020, 2021, 2022, 2023, 2024) 

Leadership Roles

In addition, Austin has held significant leadership roles in prominent legal and industry organizations, including the following:

• Foundation for Natural Resources and Energy Law (formerly Rocky Mountain Mineral Law Foundation)
  • Selected by vote as Trustee-At-Large for the Foundation for Natural Resources and Energy Law (2020-2022)
  • Co-Chaired the Oil and Gas and Landman’s sections for the Foundation’s Annual Institute (2021)
  • Selected to multiple terms on the Foundation’s Programs Committee (2022-2025)
  • Chair and Vice Chair of Young Professionals Committee (2018-2022)
• Energy Law Section of the Houston Bar Association (2022-2023)
  • Treasurer (2024-2025)
  • Secretary (2023-2024)
  • Council (2021-2023)

Austin Brister is a prolific writer, speaker, and thought leader in Texas oil and gas law. He is widely sought after for his expertise, being a frequently invited guest to deliver presentations at premier Texas legal conference and industry conferences, and he has contributed extensively to leading oil and gas law publications. Known for his insightful analysis and practical guidance, and his effective and engaging delivery, Austin’s expertise and thought-leadership spans a diverse range of oil and gas law topics, from bread-and-butter "dirt law" issues, to complex litigation strategies, and emerging issues in energy law. His extensive body of work, detailed below, reflects a deep commitment to advancing knowledge and professionalism in the oil and gas industry. 

Producer's Edge

To access Austin's most timely publications, see the firm's online and print publication, "Producer's Edge" (Producer's Edge (producersedge.law).  Austin lead in the creation of Producer's Edge in 2018, first as a print-only oil and gas law bulletin with limited circulation to key clients and colleagues, but it has since expanded into a premiere digital-and-print publication with more than 4,000 subscribers.  

Presentations and Articles for Conference

• Year in Review: Oil and Gas Case Law Update, Speaker and Author, Fourth Annual U.S. Oil and Gas and Renewable Energy Law Seminar, co-hosted by FNREL and NAPE (February 2025, pending).
• Damages in Oil and Gas Litigation, Speaker and Author, Annual Damages in Litigation Course, Litigation Section of the State Bar of Texas (January 2024, pending)
• COPAS Accounting Procedures: From a Litigation Perspective, Speaker and Author, 50th Annual Ernest E. Smith Oil, Gas & Mineral Law Institute, Houston, Texas (April 2024).
• JOA Disputes: A Survey of Emerging and Re-Emerging Issues, Speaker and Author, Upstream Oil & Gas Legal Conference, Institute for Energy Law, Houston, Texas (October 2024).
• Oil and Gas Case Law Update, Speaker and Author, 75th Annual Energy Law Conference, Institute for Energy Law, Houston, Texas (February 22, 2024).
• Year in Review: Oil and Gas Case Law Update, Speaker and Author, Third Annual U.S. Oil and Gas and Renewable Energy Law Seminar, co-hosted by FNREL and NAPE (February 2024).
• Texas Case Law Update, Speaker and Author, Houston Bar Association Luncheon, Houston, Texas (January 2024).
• Like Oil & Water: Conflicts Between Oil and Gas Exploration and Renewables, Author, 41st Advanced Oil, Gas, & Energy Resources Law, Houston, Texas (September 2023).
• Year in Review: Oil and Gas Case Law Update, Speaker and Author, Second Annual U.S. Oil and Gas and Renewable Energy Law Seminar, co-hosted by FNREL and NAPE (February 2023).
• Texas Case Law Update, Speaker and Author, Houston Bar Association Luncheon, Houston, Texas (January 2023).
• Inherent Surface Conflicts Between Oil and Gas and Renewable Energy Development, Speaker and Author, 49th Annual Ernest E. Smith Oil, Gas & Mineral Law Institute, Houston, Texas (April 2023).
• Year in Review: Oil and Gas Case Law Update, Speaker and Author, First Annual U.S. Oil and Gas and Renewable Energy Law Seminar, co-hosted by FNREL and NAPE (February 2022).
• Texas Case Law Update, Speaker and Author, Houston Bar Association Luncheon, Houston, Texas (January 2022).
• Emerging and Re-Emerging Issues in the Use of Surface for Oil and Gas Operations, Speaker and Author, Fundamentals of Oil, Gas and Mineral Law, Houston, Texas (April 2022).
• Oil and Gas Law Update - Texas and the West, Speaker and Author, Foundation for Natural Resources and Energy Law Annual Institute (2022).
• Primer on the Reasonable Prudent Operator Standard, Speaker and Author, 67th Annual Institute on Mineral Law, Louisiana State University (September 2021).
• Force Majeure During and After the COVID Pandemic, Speaker and Author, 47th Annual Ernest E. Smith Oil, Gas & Mineral Law Institute, Houston, Texas (April 2021).
• Year in Review: Oil and Gas Case Law Update, Speaker and Author, Second Annual NAPE Breakfast CLE, hosted by FNREL (February 2021).
• Oil and Gas Case Update, Speaker and Author, Dallas Bar Association Energy Law Section Luncheon (August 2020).
• Divided Surface and Mineral Estates: Survey of Split Estates, Implied Easement, Accommodation Doctrine, and Selected Emerging Issues, Speaker and Author, Fundamentals of Oil, Gas and Mineral Law, Houston, Texas (March 2020).
• Year in Review: Oil and Gas Case Law Update, Speaker and Author, First Annual NAPE Breakfast CLE, hosted by FNREL (February 2020).
• 2019 Oil & Gas Case Law Update, Speaker and Author, Advanced Civil Trial Course, Houston, Texas (2019).
• Oil & Gas: Production in Paying Quantities and Survey of Lease Termination Disputes, Speaker and Author, Houston Bar Association Seminar (August 16, 2018).
• Production in Paying Quantities and Other Lease Maintenance Tools, Speaker and Author, Annual Review of Oil and Gas, Dallas Bar Association Energy Law Section (August 2017).
• Royalty Litigation: Perspectives from the Lessor/Lessee, Co-Author and Speaker, State Bar of Texas: Oil & Gas Disputes Course, Houston, Texas (January 2016).
• Risks in a Low Price Environment; Mitigating Uncertainty, Speaker, Landscape Discussion on Energy Law & Policy in the Rockies, University of Wyoming College of Law, Laramie, Wyoming (October 2015).
• Horizontal Drilling and Model Form JOAs: Critical Issues and Upcoming Changes, Speaker and Author, Annual Review of Oil and Gas, Dallas Bar Association Energy Law Section (2015).
• Crash Course on Joint Operating Agreements, Speaker and Author, Half Moon Education, Houston, Texas (2015).
• Numerous Others, Austin has been a speaker and author of well over 100 other presentations on a variety of upstream oil and gas topics for professional associations such as the Houston Association for Professional Landmen, North Houston Association for Professional Landmen, National Association of Division Order Analysts, and National Association of Lease and Title Analysts.

Published Articles for Legal Journals and Reports

• COPAS Accounting Procedures from a Litigation Perspective, Austin W. Brister, LSU Journal of Energy Law (publication pending).
• Primer on the Reasonable Prudent Operator Standard, Austin W. Brister, 67 Ann. Inst. on Min. L. 224 (2020).
• Divided Surface and Mineral Estates - What’s Mine is Mine and Sometimes What’s Yours is Mine Too, Austin W. Brister & J. Anderson, 64 Rocky Mt. Min. L. Inst. 4 (2018).
• A Survey of Depth Severance Issues and Related Drafting Considerations, Austin W. Brister & J. Anderson, 63 Rocky Mt. Min. L. Inst. 30 (2017).
• Production in Paying Quantities: A Framework for Analyzing Lease Perpetuation Issues, Austin W. Brister, OGERL Section Report, Vol. 40 No. 2 (2016).
• Surface Use Agreements: Multijurisdictional Considerations in Negotiating and Drafting Agreements for Use of Surface Estates in Oil and Gas Exploration, Production, and Development, Austin W. Brister, OGERL Section Report, Vol. 38 No. 2 (2014).
• Numerous Others, Austin has been a speaker and author of numerous other published articles on a variety of upstream oil and gas topics for professional associations such as the Houston Association for Professional Landmen, North Houston Association for Professional Landmen, National Association of Division Order Analysts, and National Association of Lease and Title Analysts.

Published Articles Analyzing Recent Oil and Gas Case Law

• Survey of Recent Issues in Oil, Gas, and Mineral Law, Austin W. Brister, 10 SMU ANN. TEX. SURV. ___ (2024) (publication pending).
• Survey of Recent Issues in Oil, Gas, and Mineral Law, Austin W. Brister, 9 SMU ANN. TEX. SURV. 211 (2023).
• Survey of Recent Issues in Oil, Gas, and Mineral Law, Austin W. Brister, 8 SMU ANN. TEX. SURV. 245 (2022).
• Survey of Recent Issues in Oil, Gas, and Mineral Law, Austin W. Brister, 7 SMU ANN. TEX. SURV. 141 (2021).
• Recent Texas Oil and Gas Cases, Austin W. Brister, OGERL Section Report, Vol. 47 No. 2 (2023).
• Recent Texas Oil and Gas Cases, Austin W. Brister, OGERL Section Report, Vol. 46 No. 2 (2022).
• Recent Texas Oil and Gas Cases, Austin W. Brister, OGERL Section Report, Vol. 46 No. 3 (2022).
• Recent Texas Oil and Gas Cases, Austin W. Brister, OGERL Section Report, Vol. 44 No. 1 (2020).
• Recent Texas Oil and Gas Cases, Austin W. Brister, OGERL Section Report, Vol. 43 No. 4 (2020).
• Oil and Gas Law Update - Texas and the West, Austin W. Brister, 66 Rocky Mt. Min. L. Inst. 30 (2020).