James M. Day, Jr. | Founding Partner (retired)
University of the Pacific, McGeorge School of Law (J.D., magna cum laude, 1973)
University of California, Los Angeles (B.A., 1970)
ADMITTED TO PRACTICE IN
Jim Day was a founding partner of Day Carter & Murphy and retired from the practice of law on December 31, 2019. Jim’s practice focused on oil and gas and energy law. For over 45 years, he represented numerous oil companies and geothermal companies in the purchase and sale of producing and non-producing properties, title examination and the rendering of acquisition, drilling and division order title opinions, and various forms of participation and joint venture agreements, joint operating agreements, and exploration and production regulatory matters.
Additionally, Jim represented the developers of several underground natural gas storage projects in the development, negotiation and drafting of underground natural gas storage leases and severed mineral owner consents, pipeline and electric transmission line easements, and title examination and the rendering of gas storage title opinions accepted by project lenders.
Jim represented the developer of a compressed air project in the development, negotiation and drafting of a compressed air project lease and associated severed mineral owner consent agreements. He represented a solar energy developer in developing methods of surface use accommodation with severed mineral rights owners and their oil and gas lessees to permit development of a number of solar projects, and represented numerous landowners in negotiating and drafting solar land leases and wind farm easements on numerous projects throughout the state of California.
- Downey Brand, LLP, Oil, Gas & Mineral Practice Group, Former Managing Partner; Executive Committee, Former Member; Natural Resources Department, Former Chair; Real Estate Group, Former Group Leader; Development Committee, Former Chair
Oil & Gas
- Represented major and independent oil and gas and geothermal companies in the preparation of drilling, acquisition, division order, supplemental, and financing title opinions on onshore, offshore, private, state, and federal lands.
- Represented numerous oil and gas companies, energy companies, and lenders as special counsel in connection with numerous multi-million dollar project finance transactions, including the negotiation, drafting, and analysis of transaction documents, the conduct of real property title due diligence and the issuance of financing title opinions, and related project finance advice and counsel.
- Represented major and independent oil and gas, geothermal, and energy companies in a full range of title, due diligence, and transactional matters as part of numerous acquisitions of producing and non-producing properties, to date the collective value of which has been in the billions of dollars.
- Represented a consortium of French banks in the negotiation and documentation of a $40 million project loan for development of the Sonora Gold Mine.
- Represented major and independent oil and gas and geothermal companies in the negotiating, drafting, and analysis of all types of operational and transactional agreements, including purchase and sale agreements, joint operating agreements, unit agreements, farmout agreements, development and exploration agreements, leases, surface use agreements, easements, and power purchase agreements.
Renewable & Traditional Energy
- Represented energy companies in the development of major underground gas storage projects in connection with the acquisition of rights in land for storage, pipeline and compressor station easements, and mineral owner consents, as well as the negotiation of master services agreements, drilling contracts, and other operational and transactional documents.
- Represented energy companies in connection with major acquisitions of numerous power plants and associated pipeline systems, including the negotiation and documentation of power purchase agreements, the negotiation and drafting of power plant site lease agreements, the conduct of real property title due diligence, and related transactional matters.
- Represented developers of distributed generation/distributed energy resources in power sales agreement and interconnection transactions.
- Represented publicly owned utilities with respect to electric service matters.
- Represented parties to complex renewable resource procurement transactions.
- Represented energy company in the development of an underground compressed air project in connection with the acquisition of rights in land and related transactional documents.
- Represented a California joint powers agency, consisting of a major California municipal utility district and two large Northern California cities, in the negotiation and documentation of acquisition of exclusive rights to buy steam and site power plants (together with the pass-through of economic benefits to the governmental joint powers agency for the provision of tax advantages to a major integrated oil company and a major geothermal developer in the partial funding of steam field development costs).
- Represented the private developers of a 28-megawatt hydroelectric power plant in the negotiation and documentation of the acquisition of easements and rights-of-way from the underlying landowners and in the subsequent $70 million project finance of such development.
- Represented wind and solar energy companies in land acquisition and development of commercial energy projects, with an emphasis on real estate, title due diligence, development agreements and related matters.
- Sacramento County Bar and American Bar Associations; Environment, Energy and Resources Section, Member; Oil and Gas Committee, Member
- Rocky Mountain Mineral Law Foundation, Member
- Bakersfield Association of Petroleum Landmen, Member
- Sacramento Petroleum Association, Member
- State Bar of California; Executive Committee of Real Property Law Section, Former Member; Real Property Law Section, Former Chair
- Sacramento SPCA, Board of Directors, Former Member and Former President
- Children’s Home Society of California, Central Valley District Board of Directors, Former Member and Former President
- Children’s Home Society of California Board of Directors, Former Member
- University of the Pacific, McGeorge School of Law, Board of Directors, Alumni Association, Member and Vice President
- Capitol Public Radio, Inc. (formerly KXPR/KXJZ, Inc.), Board of Directors, Former Member and Former Chairman
- California State University, Sacramento President’s Advisory Board, Member and Former Chairman
- California State Library Foundation Board of Directors, Member and Former President
- Matthew Bender’s California Environmental Law and Practice, Mineral Development Chapter
- AAPL, “Oil and Gas Law: Comparison of Laws on Leasing, Exploration and Production”
- The Landman Magazine, “Comparison of Oil and Gas Law in Texas and California (Part I and Part II)”
November-December 1999 and January-February 2000
- The Landman Magazine, Volume XXXIX, No. 4, p. 39 “California Legal and Legislative Update and Environmental Due Diligence: Representations, Warranties and Indemnities in Acquisitions and Sales of Producing Properties”
- The Landman Magazine, “So, You Want to Drill for Gas in California”
July – August 1987
- The Landman Magazine, “Relative Rights of the Surface Owner and the Owner or Lessee of the Mineral Estate”
- State Bar of California Real Property Law Journal, Vol. 2, No. 4, “Dealing with the Mineral Estate”
- Electric Utility Consultants, Inc. Conference, “Developing Compressed Air Energy Storage Projects”
- Electric Utility Consultants, Inc. Conference, “Solar Development, Land Acquisition 101”
- 58th Annual AAPL Meeting, “Comparative Oil and Gas Review of West Coast Law”
- HalfMoon Seminars, “Gas, Oil, and Mineral Land Law”
- 24th Annual West Coast Landmen’s Institute, “Gas Storage Basics in California”
- Lorman Education Services, “Contract Negotiations and Preparation in the Oil and Gas Industry: Drafting Complete and Unambiguous Contracts in California”
- Kern River Oil & Gas Series, “California Energy Crisis”
- 18th Annual West Coast Landmen’s Institute, “California Water Rights”
- American Association of Mineral Owners, “Comparison of Selected Provisions in Long Forms of Lease in Use by Sophisticated California Mineral Owners”
- 16th Annual West Coast Landmen’s Institute, “Comparison of Oil and Gas Law in Texas and California”