Energy and Natural Resources
We Understand Your Business
The energy and natural resources industries will play a significant role in shaping the future of the global economy, and they must continue their innovative efforts in timely and responsible ways. In order to keep up with competitors and meet their many challenges, companies in the field need to stay ahead of the curve and be prepared for new issues and challenges.
The Holland & Knight Energy and Natural Resources (ENR) Industry Sector Group consists of more than 70 experienced attorneys and professionals who work on all facets of transactional, regulatory, legislative and litigation matters related to energy and natural resources.
We have experience representing entities that span the energy and natural resources value chain from the wellhead to the burner tip, including electric and gas utilities, power authorities, wholesale power generators, transmission owners/operators, renewable energy developers and financiers, merchant transmission, retail suppliers, oil and gas operators, field services contractors, transporters, mining companies, energy traders and energy-intensive industries. This experience extends specifically to many projects throughout Latin America as well as the U.S.
We Can Help
Energy and Natural Resources Project Development and Finance
Our energy attorneys assist commercial lenders, export credit agencies, multilateral development banks, investors, project developers and contractors in energy project finance and development, including all major deal structures as well as all project management and development models in use in the energy marketplace. We frequently negotiate power purchase agreements, EPC contracts, credit agreements, service and management contracts, operations and maintenance agreements, licenses, leases, joint operating agreements, as well as farm-out, farm-in and similar arrangements. In addition, we have extensive experience in assisting private, nonprofit and governmental entities in structuring, negotiating and documenting a range of financial derivative products.
Our team also has extensive experience procuring government support for energy-related projects, including identifying opportunities for grants, financing and procurement. We assist clients as they apply for applicable opportunities, forge key partnerships, utilize the government to overcome commercialization hurdles, remove impediments to government finance and successfully contract with the federal government.
Energy and Natural Resources Regulation and Public Policy
The ENR Group represents electric utilities, cooperative generation and transmission providers, public power authorities, natural gas utilities and other major energy companies on regulatory, environmental, tax and appropriations legislation before the U.S. Congress and state legislatures, as well as in various jurisdictions in Latin America. We have also successfully established, led and managed diverse coalitions in the energy and natural resources spaces, developing teams of industry interests, nonprofits and other trade associations to effectively advocate and accomplish objectives with federal governments.
In addition to our work with regulatory bodies such as the Federal Energy Regulatory Commission (FERC), we interface with the White House and key agencies such as the Environmental Protection Agency (EPA), Department of Energy, Department of Agriculture, Department of Defense and Department of the Interior. At the state level, we work with governors and various state public utility commissions (PUCs). We understand the importance of tailoring regulatory strategies to meet the unique needs of a particular client and of accommodating existing and anticipated state and national regulation, technology and infrastructure.
Energy and Natural Resources Litigation
We provide full-service energy litigation representation and litigation support in contested matters throughout the world, including project finance and development disputes, power purchase agreement disputes, coal, oil and natural gas pricing, production and royalty disputes, and federal False Claims Act litigation involving energy production. We also represent energy and commodity trading companies, midstream pipeline and transportation companies, electric power producers, co-ops and utilities, third-party marketers, mining concerns, and exploration and production companies in a wide variety of commercial litigation contexts. Our ultimate goal is two-fold: to create opportunities for you to prevail in your dispute, as well as to provide you with the value that results from having an efficient, seamlessly integrated team for addressing any energy case or controversy on which we are engaged.
Energy and Natural Resources in Latin America
With more than 20 years of experience in the region, Holland & Knight’s ENR Group represents all types of companies in the oil and gas, mining and electric sectors, including local industry participants and state-owned entities. The attorneys based in our Bogota and Mexico City offices have a keen understanding of the energy sector, including oil and gas, mining, electricity, liquefied natural gas (LNG), renewables and biofuels and are highly knowledgeable on public contracts and government procurement, project finance, mergers and acquisitions, corporate reorganization, financial restructurings, and regulatory and environmental matters related to the energy sector.
Depth of Experience
Our team of experienced energy attorneys and professionals includes:
- former counsel to energy companies, including large investor-owned electric and natural gas utilities and importers of LNG
- two former members of Congress who served on the House Energy and Commerce Committee
- former senior advisor to the White House and EPA
With more than 27 offices around the world, including Latin America and Europe, Holland & Knight has a uniquely global presence in the energy and natural resources industries. Holland & Knight attorneys are fluent in nearly 25 languages, enabling us to efficiently conduct business within the energy and natural resource sectors across international borders.
Scope of Work
The Holland & Knight ENR Group provides a broad array of services for clients across the spectrum of the energy and natural resources industries, including:
- project structuring and contracting
- corporate and project/asset financing
- federal and state tax credits, grants and other financial incentives
- legislative and regulatory advisement and advocacy services
- project finance and development disputes, including financial defaults
- defense of regulatory enforcement proceedings
- power purchase agreement disputes
- technology licensing
- tax and regulatory issues
- broad-based project management
- renewable and alternative energy transmission access and infrastructure
- real estate, entitlements, land use and environmental needs
- data privacy and security
We represent participants in the electric, oil, natural gas, solar, wind and waste-to-energy sectors in all aspects of their business operations, including:
- construction and real estate
- corporate services
- cybersecurity and privacy
- sophisticated financing, including green bank finance
- international projects
- labor, employment and benefits
- land use and government
- litigation and dispute resolution
- white collar defense and investigations