Luke Burns
Partner
Overview
Luke L. Burns is an attorney in Holland & Knight's Houston office. Mr. Burns focuses on complex transactions across the energy and energy infrastructure sectors, including liquified natural gas (LNG) and liquified petroleum gas (LPG) sale, purchase and tolling agreements, midstream and terminal commercial arrangements, upstream oil and gas mergers and acquisitions (M&A), hydrogen and energy transition projects, and gas-fired and behind-the-meter power for data center and digital infrastructure.
Mr. Burns represents producers, developers, owner-operators, utilities, international offtakers, sponsors and representations and warranties insurance (RWI) underwriters. His work covers long-term commercial agreements, greenfield and brownfield projects, M&A and joint ventures, and the arrangements that make these assets bankable. He has more than a decade of experience handling high-value deals in established and emerging energy and infrastructure markets in the U.S. and abroad.
LNG and LPG Transactions. Mr. Burns advises producers, traders, utilities and international offtakers on long-term LNG sale and purchase agreements (SPAs), liquefaction tolling services agreements, terminal use and regasification arrangements, feed gas supply agreements, LPG (propane and butane) export, marine delivery and on-island terminaling arrangements. His LNG SPA and tolling work spans both greenfield liquefaction and receiving facilities, as well as operating export infrastructure in the U.S. and internationally.
Midstream and Terminal Transactions. In his extensive energy practice, Mr. Burns negotiates the commercial agreements and M&A arrangements supporting marine and rail terminals, refined product and natural gas liquid (NGL) terminals, along with gathering, processing and water systems, North American Energy Standards Board (NAESB)-based gas supply, and shared and multitenant facility arrangements. He represents developers, owner-operators, sponsors and strategics on both greenfield and brownfield infrastructure.
Upstream Oil and Gas M&A. Mr. Burns has handled transactions totaling tens of billions of dollars across every major U.S. basin, including the Permian, Delaware, Eagle Ford, Haynesville, Marcellus/Utica, Williston and the Gulf of Mexico, as well as Alaska and international assets, many involving integrated midstream infrastructure. He also represents RWI underwriters as an oil and gas consultant on the diligence and policy negotiation associated with sponsor-backed and strategic acquisitions of operated and non-operated upstream and integrated midstream assets.
Energy Transition and Digital Infrastructure. Mr. Burns counsels utilities, developers and investors on hydrogen production and blending projects integrated with power generation, the divestiture of hydrogen project assets and behind-the-meter gas-fired power supporting data center and cryptocurrency mining operations.
Prior to joining Holland & Knight, Mr. Burns was an attorney at an international law firm in its Houston office. He previously served as a law clerk for the Honorable Andrew S. Hanen of the U.S. District Court for the Southern District of Texas. While in law school, Mr. Burns served as articles editor of the University of Pennsylvania Journal of International Law.
Representative Experience
- Represented a Canadian energy company in the negotiation and signing of a 1.5 million tonnes per annum (MTPA), 20-year LNG sale and purchase agreement (SPA) at a proposed greenfield floating electric-driven liquefaction production unit off the coast of Kitimat, British Columbia, Canada
- Represented a Canadian energy company in the negotiation and signing of a 1.5 MTPA, 20-year liquefaction tolling services agreement at the same proposed floating LNG project
- Represented a U.S. utility in a long-term LNG tolling arrangement at an LNG liquefaction and export facility on the U.S. Gulf Coast
- Represented a large U.S. energy company in the development of a greenfield integrated LNG receiving terminal and gas-fired combined cycle power generation project in Chile
- Represented a major U.S. LNG company in the negotiation of long-term LNG SPAs supporting U.S. liquefaction and export infrastructure
- Represented a U.S. energy company in the negotiation of a feed gas supply arrangement for an LNG liquefaction terminal on the U.S. Gulf Coast
- Represented a global energy company in the negotiation of shared-use arrangements for LNG regasification infrastructure in Panama
- Represented an international LPG buyer in the negotiation of a long-term HD-5 propane supply contract for delivery to a Caribbean utility's power generation facilities, including marine delivery, Mont Belvieu-indexed pricing and on-island terminaling infrastructure
- Represented an international LPG buyer in the negotiation of a butane (NC4) purchase and export arrangement with a U.S. midstream producer, covering freight on board (FOB) delivery from a Gulf Coast fractionator, pricing, and vessel and terminal logistics
- Represented a U.S. chemical company in a long-term cross-border capacity reservation and chemicals supply arrangement involving initial payments exceeding $250 million and potential additional payments exceeding $600 million
- Represented a private equity sponsor in a joint venture to acquire and operate marine terminal and storage infrastructure on a major waterway near Houston
- Represented a major U.S. energy holding company in the acquisition of refined product terminal infrastructure on the U.S. Gulf Coast and the negotiation of related shared facilities agreements
- Represented a U.S. oil and gas company in the acquisition of three refined product terminals in Louisiana, together with related assets and customer contracts, from a terminal services provider
- Represented a U.S. independent midstream company in a long-term dedication, sale and delivery arrangement for Y-Grade natural gas liquids (NGLs) supplying downstream processing infrastructure on the U.S. Gulf Coast
- Represented a large U.S. chemicals company in the divestiture of marine terminal and storage infrastructure on the U.S. Gulf Coast
- Represented a U.S. terminal operator in the negotiation of a brownfield expansion amendment to a long-term terminaling and storage services agreement at a U.S. West Coast marine terminal, expanding services to include dedicated tank storage, handling, additization and inventory management of a specialty asphalt additive, and addressing capital improvements, fee escalation, custody and title, indemnity and end-of-term environmental remediation obligations
- Represented the owner-operator of a multitenant rail transload terminal on a facility use agreement for oilfield chemical transloading, including capital recovery protections and coordination with an existing exclusive lessee
- Represented a large U.S. midstream company in the acquisition of produced-water disposal infrastructure in the Eagle Ford Shale
- Represented an independent U.S. oil and gas company in the negotiation of a North American Energy Standards Board (NAESB) base contract and related special provisions governing the supply of fuel gas at the tailgate of midstream processing plants serving its Permian Basin operations
- Represented a U.S. energy services company in the negotiation of a NAESB base contract and special provisions for the long-term purchase of natural gas from an independent U.S. exploration and production company with Permian Basin operations
- Represented a global mining company in a $10.5 billion divestiture of U.S. shale assets located in the Permian, Eagle Ford and Haynesville plays to an oil major
- Represented an oil major in a $9.5 billion acquisition of a Permian Basin business affiliated with another oil major
- Represented an oil major in a $5.6 billion divestiture of an entire upstream and midstream business in Alaska to a large privately held oil company
- Represented a global oil exploration and production (E&P) company in a $1.6 billion acquisition of deepwater Gulf of Mexico assets from a large privately held E&P company
- Represented a U.S. oil and gas company in an acquisition of three refined product terminals in Louisiana and all related assets and customer contracts from a terminal services provider
- Represented a U.S. chemical company in a long-term cross-border capacity reservation and supply of chemicals involving initial payments exceeding $250 million and potential additional payments for supply over time exceeding $600 million
- Represented an international oil and gas company in a $400 million acquisition of oil assets in the Alaska North Slope area from a large U.S. E&P company
- Represented an oil major in a divestiture of a 746-mile offshore fiber optic network to a telecommunications network operator
- Represented a U.S. company in the negotiation of farmout agreements the Utica Shale and Marcellus Shale, covering an area in excess of 100,000 acres, with various U.S. E&P companies
- Represented a large U.S. chemicals company in the divestiture of a marine terminal and storage facility on the U.S. Gulf Coast to a third party
- Represented a privately held, independent oil and gas company in a Section 363 acquisition of oil and gas assets in Alaska from a third party in bankruptcy
- Represented a U.S. independent midstream company in the dedication, sale and delivery of Y-Grade natural gas liquids (NGLs) on a long-term basis to the owner of certain downstream facilities on the U.S. Gulf Coast
- Represented an independent U.S. E&P company in the negotiation of a drillco arrangement with a third party involving investment in the development of East Texas conventional oilfield assets
- Represented a large publicly traded U.S. E&P company in the $130 million divestiture of oilfield assets in the Midcontinent Region of Oklahoma to an independent U.S. oil and gas company
- Represented a global oil and gas company in the disposition of an interest in certain oil and gas exploration properties and related assets in the Gulf of Mexico
- Represented a major U.S. energy holding company in the acquisition of assets associated with refined product terminals on the U.S. Gulf Coast and the negotiation of shared facilities agreements with respect to such terminals
- Represented an independent U.S. oil and gas company in a $215 million acquisition of oilfield interests in the Delaware Basin from a large publicly traded U.S. E&P company
- Represented a U.S. energy company in a Section 363 sale of assets in the Permian Basin and elsewhere in bankruptcy to a third party
- Represented an independent U.S. oil and gas company in the acquisition of operated and non-operated Permian Basin assets from another independent U.S. oil and gas company
- Represented a diversified energy company in the acquisition of Texas and Louisiana oil and gas properties; led acquisition of leases and mineral interests in a Pennsylvania company, including the production agreement and related arrangements
- Represented an independent U.S. oil and gas operator in the acquisition of oil and gas properties in East Texas from an independent U.S. oil and gas company
- Represented a U.S. energy company in the divestiture of non-operated oil and gas assets in Oklahoma to a third-party oil and gas company
- Represented a global oil and gas company in the acquisition of oil and gas assets in the Haynesville Shale from an independent U.S. oil and gas company
- Represented a large U.S. midstream company in the acquisition of salt water disposal assets in the Eagle Ford Shale from third parties
- Represented a U.S. oil and gas company in the divestiture of leasehold interests in East Texas to a third party
- Represented the underwriter of a buyer-side representations and warranties insurance (RWI) policy, as oil and gas specialist, in connection with the approximately $1.2 billion acquisition by a publicly traded exploration and production (E&P) company (with a non-operator co-buyer) of operated upstream and integrated midstream infrastructure in the Utica Basin, comprising over 70,000 net acres of natural gas leasehold and a purpose-built rich and dry gas gathering, compression and water system, advising on title, environmental, lease, midstream and plugging and abandonment/asset retirement obligations (P&A/ARO) diligence and policy modifications to the underlying upstream and midstream purchase and sale agreements
- Represented the underwriter of a buyer-side RWI policy, as oil and gas consultant, in connection with an approximately $950 million acquisition of operated upstream oil and gas assets in the Western Eagle Ford
- Represented the underwriter of a buyer-side RWI policy, leading the upstream oil and gas diligence workstream, in a sponsor-backed acquisition of an independent E&P company holding operated and non-operated working interests in the core of the Williston Basin, with an enterprise value of approximately $650 million
- Represented the underwriter of a buyer-side RWI policy, as oil and gas consultant, in connection with a private equity-backed buyer's $175 million acquisition of producing and nonproducing oil and gas assets in Webb County, Texas (Eagle Ford Shale), advising on title, environmental, lease, midstream and P&A/ARO diligence and policy modifications to the underlying acquisition agreement
- Represented the underwriter of a buyer-side RWI policy, as oil and gas consultant, in connection with an approximately $95 million acquisition of held-by-production operated upstream assets in Upton County, Texas (Permian Basin)
- Represented the underwriter of a buyer-side RWI policy, as oil and gas consultant, in connection with an approximately $87 million acquisition of upstream natural gas assets in East Texas, including more than 26,000 acres in the Shelby Trough and operated Haynesville/Mid-Bossier wells
- Represented the underwriter of a buyer-side RWI policy, as oil and gas consultant, in connection with an approximately $61 million acquisition of operated upstream oil and gas assets in Ward County, Texas (Delaware Basin/Permian), advising on title, environmental, lease, midstream and P&A/ARO diligence and policy exclusions and modifications relating to title defects, environmental defects, hydrocarbon reserves and asset condition under the underlying purchase agreement
- Represented the underwriter of a buyer-side RWI policy, as oil and gas consultant, in connection with a sponsor-backed buyer's approximately $46 million acquisition of operated and non-operated upstream oil and gas assets in the Cotton Valley/Haynesville trend across Bossier, Caddo, DeSoto, Red River and Lincoln Parishes, Louisiana, advising on title, environmental, lease, midstream and P&A/ARO diligence and policy modifications to the underlying purchase and sale agreement
Hydrogen Infrastructure
- Represented a U.S. utility in the negotiation of an arrangement to acquire and construct hydrogen production and blending infrastructure (electrolyzer and blending skid) to be integrated into power generation facilities
- Represented a privately held U.S. energy company in a hydrogen supply contract for a very low sulfur fuel oil production facility on the U.S. Gulf Coast
- Represented a privately held U.S. company in the divestment of certain assets related to hydrogen production
Gas-to-Power and Digital Infrastructure
- Represented a cryptocurrency mining company in a joint venture to develop a behind-the-meter gas-to-power data center operation in Texas
- Represented a cryptocurrency mining company in the acquisition of data center infrastructure in Texas and a related revenue sharing arrangement
Credentials
- University of Pennsylvania Law School, J.D., magna cum laude
- The Wharton School, University of Pennsylvania, Certificate, Business and Public Policy
- University of Richmond, B.A.
- Texas