PHONE: 916.246.7308
FAX: 916.570.2525
EMAIL: jbaker@daycartermurphy.com

Joshua L. Baker

PRACTICE AREAS

Oil & Gas
Opinions
Real Property and Eminent Domain
Renewable and Traditional Energy

EDUCATION

University of the Pacific, McGeorge School of Law (J.D., Order of the Coif, 2005)
University of California, Santa Barbara (B.A., with honors, 2002)

ADMITTED TO PRACTICE IN

California

Josh Baker is a Partner at Day Carter & Murphy LLP with two decades of experience practicing California real property law.  His practice centers on transactional matters in the energy sector, with particular expertise in oil and gas, geothermal and emerging carbon sequestration projects.

Mr. Baker advises energy developers, operators and landowners on the full range of real property issues that arise in project development and operations.  He drafts and negotiates oil and gas, geothermal (including enhanced geothermal) and carbon sequestration leases and easements, related land use agreements (including surface use agreements, operating agreements and purchase and sale agreements) and conveyances of various types of real property interests.  He also has substantial experience in title review and the preparation of title opinions, both in the context of specific energy-development projects and title due diligence associated with acquisition and divestiture projects.  Mr. Baker strives to provide his clients with clear, practical solutions that support project efficiency and mitigate long-term risk.

In addition to his transactional work, Mr. Baker monitors legislative and regulatory developments affecting the energy industry and regularly updates clients on issues impacting their operations and land portfolios.  He is also actively involved with various industry groups and enjoys giving presentations—both at conferences and in-house to clients—on topics at the intersection of real property and energy law.

  • Northern California Super Lawyers, 2020-2025 (Rising Stars, 2015-2019)
  • Sacramento Magazine, Top Lawyers (Energy & Natural Resources), 2017, 2021-2024
  • Sacramento Business Journal, Best of the Bar, 2019

Oil & Gas

  • Counseled numerous public and private E&P companies on all types of day-to-day upstream operational issues, including permitting, interpretation of oil and gas leases and other exploration and development agreements, title problems and curative matters, wastewater treatment and disposal issues (including aquifer exemptions for Class II underground injection wells), well abandonment and related environmental compliance, Subdivision Map Act compliance, Williamson Land Act compliance and SB4 compliance.
  • Represented numerous public and private E&P companies in drafting and negotiating all types of oil and gas upstream and midstream agreements, including joint operating agreements, unit agreements, pooling agreements, farmout agreements, development and exploration agreements, leases, surface use agreements, subsurface pass-through agreements, confidentiality agreements, pipeline and marketing agreements, master services agreements and drilling contracts.
  • Represented numerous public and private E&P companies in all facets of producing- and nonproducing-asset acquisition, divestiture and financing projects, including title and permitting due diligence, drafting and negotiating purchase and sale and ancillary agreements, drafting and negotiating credit and security agreements (including deeds of trust, mortgages and financing statements), and compliance with regulatory and bonding requirements relating to purchases and sales of private, state and federal leases, wells and production facilities.
  • Represented numerous public and private E&P companies in various civil and probate court matters, including surface access and surface use disputes, quiet title actions and royalty disputes (including interpleader actions).

Opinions

  • Represented numerous public and private E&P companies in the preparation of all types of title opinions, including drilling, division order, acquisition and supplemental/downdate title opinions.
  • Represented numerous public and private E&P companies in the preparation of financing/enforceability opinions for all types of commercial loan and finance transactions, including senior and subordinated credit facilities, second lien financing, working capital financing and debt restructuring transactions.

  • California Independent Petroleum Association, Associate Member
  • California Independent Petroleum Association, San Joaquin Valley Environmental Affairs Committee, Member
  • Western States Petroleum Association, Member
  • Western States Petroleum Association, Northern California Chapter Board of Directors (Past Board Member)
  • Western States Petroleum Association, San Joaquin Valley Chapter Board of Directors (Past Board Member)
  • The Foundation for Natural Resources and Energy Law, Member
  • Bakersfield Association of Professional Landmen, Member
  • Los Angeles Association of Professional Landmen, Member
  • Sacramento Petroleum Association, Member
  • Young Professionals in Energy, Member
  • State Bar of California, Real Property Law Section, Business Law Section, Member
  • Sacramento County Bar Association, Real Property Law Section, Business Law Section, Member

  • Union Sacramento FC, Board Secretary
  • Pastoral Council (St. Ignatius Parish) (Past Chair)
  • Catholic School Advisory Council (St. Ignatius Parish School) (Past President)
  • St. Ignatius Soccer Club (Past Board Secretary)
  • McGeorge Law Review, Volume 36, Board of Directors, Chief Legislation Editor
  • McGeorge Law Review, Volume 35, Comment Staff Writer and Legislative Review Staff Writer

  • American Association of Professional Landmen, “Oil and Gas Law: Comparison of Laws on Leasing, Exploration and Production”
    California – 2021
  • California Environmental Law and Land Use Practice, “Chapter 82: Development of Minerals, Oil, and Gas”
    2020
  • Texas A&M Journal of Property Law, Oil & Gas Survey (California – 2020)
  • Texas A&M Journal of Property Law, Oil & Gas Survey (California – 2019)
  • Texas A&M Journal of Property Law, Oil & Gas Survey (California – 2018)
  • Texas A&M Journal of Property Law, Oil & Gas Survey (California – 2017)
  • “Everything Old is New Again: Lease Maintenance Issues that Arise When Oil Prices Drop,” 62 Rocky Mt. Min. L. Inst. 20-1 (2016)
    July 2016
  • Bakersfield Association of Professional Landmen, Los Angeles Association of Professional Landmen, “Water Reporting Requirements for Oil and Gas Operators Increased in 2015: An Overview of SB 1281”
    January 2015
  • Bakersfield Association of Professional Landmen, “Significant Changes to Surface Owner Notification Statute”
    October 2012
  • American Association of Professional Landmen, “Oil and Gas Law: Comparison of Laws on Leasing, Exploration and Production”
    California – 2010

  • Annual West Coast Landmen’s Institute, “Legal and Legislative Developments Affecting Natural Resources in the State”
    September 2025
  • Annual West Coast Landmen’s Institute, “Below the Ground Perspective: Carbon Sequestration Agreements in California”
    September 2023
  • Bakersfield Association of Professional Landmen, “Gaps in Production under HBP Leases”
    May 2020
  • Annual West Coast Landmen’s Institute, “On My Desk Today:  A Day in the Life of a California Landman”
    September 2019
  • Annual West Coast Landmen’s Institute, “Oil and Gas Conveyances in California: How to Get (or Give) What You Want”
    October 2017
  • Private Client, “Key Considerations for Farmout Agreements”
    November 2016
  • Private Client, “Exploration Agreements in the Oil and Gas Industry”
    December 2015
  • Annual West Coast Landmen’s Institute, “In Good Times, Bad Times and Everything in Between: The Always-Important Farmout Agreement”
    September 2015
  • Private Client, “Surface Use and Right-of-Way Agreements in the Upstream Oil and Gas Industry”
    August 2015
  • Private Client, “Confidentiality and Indemnification Agreements in the Upstream Oil and Gas Industry”
    June 2015
  • Annual West Coast Landmen’s Institute, “Actual, Constructive and Inquiry Notice When Conducting Title Due Diligence: Is it Ever Okay to Keep Your Head in the Sand?”
    October 2014
  • Day Carter & Murphy LLP Bakersfield Breakfast Series, “Force Majeure: Is Your Clause Keeping Up With the Times?”
    April 2013
  • Annual West Coast Landmen’s Institute, “Title Issues Prior to Drilling: One Colorful Story at a Time!”
    September 2012
  • Day Carter & Murphy LLP Bakersfield Breakfast Series, “The Duty to Protect Against Drainage”
    April 2011
  • Annual West Coast Landmen’s Institute, “The Seismic Shootout: Winning the Duel with Problem Surface Owners”
    September 2009
  • Day Carter & Murphy LLP Bakersfield Breakfast Series, “There Will Be Blood: Dissection of the Pooling Clause”
    December 2008