Energy
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Brownstein is your guide to the complex, ever-changing legal environment that surrounds energy infrastructure projects. Businesses today face complex legal challenges from increasing regulatory oversight, growing public scrutiny and new environmental laws. With nationally respected practitioners in water, oil and gas, coal, nuclear, renewable energy, hazardous waste, and land use and permitting, we deliver services required to balance prosperity with regulatory requirements. Our attorneys support clients navigating the most complex energy projects with extensive experience in high-profile energy law matters, extensive experience in Washington, D.C., and state capitals, and valuable relationships developed from years of practicing in this industry. We represent resource producers, resource users, public agencies and utilities, manufacturers, mining and extraction, exploration and production companies, and landowners and developers in all aspects of their business. We also counsel associations, nonprofits and other organizations in the energy, natural resources and environmental space. We take a multidisciplinary approach that brings together legal, lobbying and strategic services to deliver creative solutions and value to our clients.

Our dedicated team of energy-focused government relations policy advisors and lawyers advise energy industry leaders and participants in both chambers of the United States Congress and across the executive branch at the federal level, and in state houses and governors’ offices nationwide. Our team members have a long history of experience working for federal and state agencies, including congressional energy committees, the Departments of Energy and Interior, the Bureau of Land Management, the Bureau of Indian Affairs, the Department of Justice, the Environmental Protection Agency and the Colorado State Attorney General’s office.

Representative Matters

Representative Matters
  • Represents a large Midwestern utility on energy legislation and energy policy.

  • Represents a deep water, independent oil and gas company on offshore related policy and legislation.

  • Provides strategic counsel on navigating approvals for an arctic oil and gas development.

  • Represents a liquified natural gas company on dredging permits and policy.

  • Provides strategic advice and counsel regarding regulatory, permitting and agency approvals for a large, independent oil and gas company pursuing onshore and offshore projects.

  • Represents a large oil and gas exploration and production company on federal engagement for both onshore and offshore projects.

  • Provides engagement with state and local stakeholders in California regarding a potential offshore wind development.

  • Provides representation and works with federal stakeholders on various wind opportunities and projects throughout the United States as it relates to the federal government.

  • Provides federal representation to an independent oil and gas company operating on federal lands.

  • On behalf of large, privately-held oil and gas company, obtained dismissal with prejudice at motion to dismiss stage of all claims in shareholder derivative action. On appeal.

  • Representing a Fortune 500 energy services company in a matter pertaining to numerous large infrastructure project issues, including the federal permitting process with the Department of Defense and related agencies. Additionally, the client is provided with risk advisement and litigation related services regarding multiple regulators for various project approvals.

  • Represented Freeport LNG Investments, LLLP in connection with a loan in excess of $1 billion from IFM Global Infrastructure Fund and Highbridge Principal Strategies, secured by Freeport LNG Investments, LLLP's direct and indirect interests in Freeport LNG Development, L.P., an LNG import/export facility in Freeport, Texas.

  • Served as Nevada counsel to Quantum Utility Generation, LLC in connection with its purchase of general partnerships that together own an approximately 85 megawatt cogeneration facility located in Clark County, Nevada.

  • Brownstein acted as outside general counsel for Freeport LNG Development, L.P. (Freeport LNG) and its subsidiaries in the funding of a multi-train natural gas liquefaction and export facility being constructed at Freeport LNG’s existing LNG regasification facility at Quintana Island near Freeport, Texas ("the Freeport Facility"). The funding took the form of a separate debt facility and joint venture for each of Train 1 and Train 2 of the Freeport Facility. The total committed debt and equity (including for contingencies and cost overruns) is in excess of US$11 billion. The financing was the largest fully non-recourse construction project financing in history.

  • Successfully represented the Colorado Oil and Gas Association in litigation against the cities of Lafayette, Fort Collins, and Longmont regarding bans or moratoria on hydraulic fracturing activities, prevailing on summary judgment in each matter. This litigation involved precedent-setting issues pertaining to state versus local preemption of oil and gas activities, and culminated in two rulings by the Colorado Supreme Court striking down Longmont's ban and Fort Collin's five-year moratorium on hydraulic fracturing.

  • Successfully represented a large oil and gas company in a high profile regulatory proceeding before the Colorado Oil and Gas Conservation Commission regarding potential violations related to the company's deep water injection wells and low-level earthquakes in the region. This work included assisting the company in obtaining permits for new deep water injection wells.

  • Led the Washington DC effort in the agencies and on Capitol Hill to permit an LNG export facility.

  • Spearheaded an effort by an energy company to get its DOE authorization for LNG exports. This involved extensive coordination with industry partners as well as advocacy on Capitol Hill and executive branch offices.

  • Represented Freeport LNG Investments, LLLP in the sale of significant economic interest in a liquefied natural gas receiving facility to international infrastructure funds.

  • Served as lead counsel for Freeport LNG Development, L.P. in the structuring, strategy and development of a liquefied natural gas (LNG) receiving and regasification facility in Texas. The firm acted as lead counsel in the structuring, negotiating and documenting of financing for the construction of the facility, development of a 7.5 billion cubic foot underground salt cavern gas storage facility, and expansion of the terminal, which included approximately $750 million in financing from ConocoPhillips Company and a $453 million private placement note issuance. Brownstein also oversaw the negotiation of long term terminal use agreements (TUA) with Dow Chemical Company and ConocoPhillips Company. The firm continues to serve as outside general corporate counsel to Freeport and its subsidiaries in all aspects of their businesses, including pursuing the redevelopment of the project into a liquefaction and export facility at a cost of $14 billion.

  • Represented the developer of the first wind project in Santa Barbara County, providing land use, permitting, and environmental compliance advice related to statutes such as the California Environmental Quality Act, Endangered Species Act, Clean Water Act, Coastal Act, and Federal Coastal Zone Management Act.

  • Provided land use and CEQA compliance advice to a major utility line regarding a large transmission line project traversing two counties.

  • Provided appellate defense in Court of Appeals and Supreme Court of CEQA challenge to California Public Utilities' rulemaking related to liquefied natural gas (LNG) on behalf of major utility.

  • Brownstein represents U.S. Geothermal in developing legislation to amend the Steam Act of 1970 allowing more efficient and faster development of geothermal resources on lands adjacent to federal lands. The legislation intends to blunt the effects of speculators on federal leases that have no intent to develop the resource and produce energy. The firms is also providing U.S. Geothermal with project finance transactional counsel in the development and construction of their $137 million, 22 megawatt Neal Hot Springs Geothermal Project near Vale, Oregon. Finally, we are representing U.S. Geothermal in negotiating a loan and loan guarantee with the U.S. Department of Energy and the Federal Financing Bank.

Related Services

Meet The Team

Robert P. Attai Shareholder T 303.223.1271 rattai@bhfs.com
Steven C. Demby Shareholder T 303.223.1119 sdemby@bhfs.com
Chris Frahm Shareholder T 619.702.6917 cfrahm@bhfs.com
Ronda L. Sandquist Shareholder T 303.223.1191 rsandquist@bhfs.com
Ryan A. Smith Shareholder T 202.747.0507 rsmith@bhfs.com
Jon Hrobsky Policy Director T 202.872.5294 jhrobsky@bhfs.com
Jonathan R. Bloch Shareholder T 310.500.4632 jbloch@bhfs.com
Steven A. Amerikaner Shareholder T 805.882.1407 samerikaner@bhfs.com
Beth Collins Shareholder T 805.882.1419 bcollins@bhfs.com
Bradley J. Herrema Shareholder T 310.500.4609 bherrema@bhfs.com
Lawrence J. Jensen Shareholder T 202.747.0509 ljensen@bhfs.com
Alisa Nave-Worth Shareholder T 702.464.7061 anave-worth@bhfs.com
Elizabeth D. Paulsen Shareholder T 303.223.1187 epaulsen@bhfs.com
Jay Spader Shareholder T 303.223.1146 jspader@bhfs.com
Ryan Waterman Shareholder T 619.702.7569 rwaterman@bhfs.com