Energy and Natural Resources
We Understand Your Business
The energy and natural resources industries play a significant role in shaping the future of the global economy, and increasingly face the challenges and opportunities presented by transitions to lower-carbon energy sources and increasing demand for renewable energy. Holland & Knight's Energy and Natural Resources Industry Sector Group (ENR ISG) represents a wide array of stakeholders operating in conventional energy markets or on the cutting edge of renewable energy finance, development, regulation and delivery, helping them to meet the opportunities and challenges presented by today's marketplace. Our seasoned team counsels clients through complex state and federal regulatory approvals and energy transactions, enforcement and litigation, and delivers creative solutions to some of the most challenging problems emerging in energy markets today.
The ENR ISG consists of more than 100 experienced attorneys and professionals who work on all facets of transactional, regulatory, legislative and litigation matters related to environmental, energy and natural resources. We represent entities that span the energy and natural resources value chain, including electric and gas utilities and electric cooperatives, power authorities, wholesale power generators, transmission owners and operators, offshore wind developers, renewable energy and energy storage developers and financiers, merchant transmission, retail suppliers, oil and gas operators, field services contractors, marine and pipeline 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
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 within the energy marketplace. We also assist clients that are increasingly using energy-as-a-service (EaaS) deal structures to support financing for onsite renewable energy and battery storage projects and carbon-neutral governmental and corporate mandates.
We frequently work with energy clients to develop and negotiate:
- mergers, privatization, concessions, acquisitions, divestitures and acquisition finance transactions
- project structuring and contracting
- corporate and project/asset financing
- renewable and alternative energy transmission access and infrastructure
- power purchase agreements
- engineering, procurement and construction (EPC) contracts
- credit agreements, service and management contracts
- operations and maintenance (O&M) agreements
- joint operating agreements
In addition, we have extensive experience assisting private, nonprofit and governmental entities in structuring, negotiating and documenting a range of financial derivative products.
We represent 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 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 government.
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, including the U.S. Environmental Protection Agency (EPA), U.S. Department of Energy (DOE), U.S. Department of Agriculture (USDA), U.S. Department of Defense (DOD) and U.S. Department of the Interior (DOI), U.S. Army Corps of Engineers, U.S. Coast Guard and U.S. Maritime Administration.
We frequently assist energy clients with the following:
- federal and state tax credits, grants and other financial incentives
- legislative and regulatory advisement and advocacy services – from initial strategy development to implementation and regulation
- tax and regulatory issues
- real estate, entitlements, land use and environmental needs
- preparation for testimony before Congress
- file comments in significant federal agency proceedings
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 or state government.
Holland & Knight's controversies practice is diverse and industry-focused. We represent a broad client base across a wide array of energy disputes, including multibillion dollar international arbitration infrastructure matters, high-profile environmental claims, multistate energy regulatory cases, intellectual property disputes involving products used in the energy industry, investment disputes and commercial litigations involving renewable energy, oil derivatives, midstream assets, upstream operations, shipping and maritime activities.
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 twofold: 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.
We provide full-service energy litigation representation and litigation support in contested matters throughout the world, including:
- project finance and development disputes, including financial defaults
- power purchase agreement disputes
- investor disputes
- coal, oil and natural gas pricing, production and royalty disputes
- federal False Claims Act (FCA) litigation involving energy production
With more than 20 years of experience in the region, Holland & Knight's ENR ISG 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 Bogotá 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. In addition, our attorneys are highly knowledgeable on public contracts and government procurement, project finance, mergers and acquisitions (M&A), corporate reorganization, financial restructurings, and regulatory and environmental matters related to the energy sector. Our services extend to multiple jurisdictions, including Ecuador, Peru, Venezuela, Guyana and Panama.
We frequently work with energy clients on matters involving:
- local and cross-border energy-related transactions, from initial structuring to execution
- negotiating complex contracts and amendments with transnational companies, as well as foreign governments
- due diligence reviews and M&A implementation through strategic analysis of client interests and asset verification
- disputes involving project finance and development, power purchase agreements, environmental claims, claims involving indigenous communities, as well as coal, oil and natural gas pricing, production and royalty disputes
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 liquified natural gas (LNG)
two former members of Congress who served on the House Energy and Commerce Committee
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 & real estate
cybersecurity and privacy
land use and government
labor, employment and benefits
sophisticated financing, including green bank finance
litigation and dispute resolution
white collar defense and investigations