LNG

Enabling the Development of On-Shore and Off-Shore LNG Terminals

Van Ness Feldman maintains one of the most active and prominent LNG practices in the U.S.  The firm has been at the forefront of the re-emergence of LNG terminal development in North America for the last decade. Van Ness Feldman represented the first new LNG project approved in the U.S. in thirty years, as well as one of the reactivations of an existing terminal that was originally constructed in the 1970s.

Our work with LNG projects includes:

• FERC proceedings to authorize siting, expansion, construction, and operation of on-shore LNG terminals and pipeline facilities under Natural Gas Act
• U.S. Coast Guard and Maritime Administration proceedings to site, construct, and operate off-shore LNG terminals under Deepwater Port Act 
• Other required federal, state, and local authorizations and approvals, including:
  • Clean Air Act
  • Clear Water Act
  • National Environmental Policy Act
  • Marine Transportation Security Act
  • Endangered Species Act
  • Coastal Zone Management Act 
• Litigation before U.S. Court of Appeals under Natural Gas Act and Energy Policy Act of 2005 to review FERC orders and federal and state agency decisions to issue, deny, or delay necessary authorizations
• Coastal Zone Management Act appeals to Secretary of Commerce
• Review or negotiation of LNG sale, purchase and tolling agreements; marketing and remarketing arrangements; transportation service and interconnection agreements; facilities precedent agreements; ancillary project agreements, including joint venture and other business association structures; site access, right-of-way, wetland mitigation transactions, and technical, engineering, services, and consulting agreements
• Due diligence reviews of proposed projects and contractual arrangements for financing of LNG facilities
• Design and implementation of legislative strategies for LNG project development.

Our Clients are Involved in Virtually Every Aspect of the LNG Industry

• LNG project developers
• LNG terminal operators and owners
• LNG suppliers
• Natural gas pipelines and storage companies
• Trading companies
• Investors and lenders

Comprehensive Experience and Expertise Yield Results

Our approach to the LNG industry combines innovative legal expertise, a business-oriented understanding of client goals, and unique understanding of energy policy. 

We advise clients on virtually every aspect of LNG value chain, including pre-development, project structuring, development, permitting, construction, operation and expansion.  Each project presents unique challenges, including safety, local permitting, federal and state environmental authorizations.  Our core LNG and natural gas practice is complimented by other attorneys and professionals with expertise in environmental, land use, engineering, Native American, and electric power disciplines. 

An important element of our LNG practice is our legislative capability.  Van Ness Feldman personnel have worked on every major piece of federal energy legislation over the last two decades.  This work includes the Energy Policy Act of 2005, which confirmed FERC's exclusive jurisdiction over LNG terminal siting, provided incentives to promote development of natural gas storage projects, and coordinated and streamlined the natural gas and LNG permitting process.

Representative Matters

• Cove Point Reactivation Project. The firm represented Cove Point in its successful application to reactivate the Cove Point terminal after it had been moth-balled for nearly thirty years.

  Cove Point Expansion Project.  Van Ness Feldman represented Dominion Cove Point in its successful application to nearly double the size of its existing LNG import terminal near Cove Point , Maryland , and continues to represent Dominion Cove Point in other projects to upgrade and expand the facility.

• Sound Energy Solutions.  The firm provides federal regulatory counsel to Sound Energy Solutions in its efforts to construct and operate an LNG import terminal in Long Beach , California , including preparation of its FERC application, review of commercial agreements, federal appellate litigation, and legislative matters.  If successful, the SES project would be the first LNG import terminal in California .
• The Hackberry Policy.  Van Ness Feldman successfully prosecuted the first application for a new onshore LNG terminal to be approved by FERC in the last 25 years.  In that proceeding, FERC announced a new regulatory policy for onshore LNG terminals designed to remove economic and regulatory barriers to the development of new terminals and to facilitate increased imports of LNG.
• Bradwood Landing LNG Project.  The firm represents Northern Star Natural Gas, L.L.C. which is developing the Bradwood LNG import terminal in Oregon . Van Ness Feldman prepared the application to construct the terminal, currently pending before FERC, and serves as project counsel in federal and state permitting issues, transactions, and related pipeline matters.
• Kinder Morgan Louisiana Pipeline.  Van Ness Feldman provides comprehensive federal regulatory representation including FERC regulation, environmental compliance and strategic counseling for the development, construction and operation of a large diameter transportation header system transporting gasified LNG away from an LNG terminal on the Gulf   Coast for delivery to numerous pipeline interconnects.
• Main  Pass Energy Hub™.  Van Ness Feldman is FERC regulatory counsel to Freeport McMoRan Energy L.L.C. in its application to construct and operate the Main Pass Energy Hub™, a proposed offshore LNG import terminal, undersea storage field and the associated natural gas pipeline.
• Canaport LNG (Canada). Van Ness Feldman provided a due diligence review of the commercial agreements and the status of regulatory approvals for the lender to the proposed LNG regasification terminal project.
• Proposed New England LNG Import Terminal.  Van Ness Feldman provided a due diligence review of the commercial, regulatory, and technical details of a proposed terminal on behalf of a potential lender, including an assessment of LNG supply.
• MC Global.  Van Ness Feldman reviewed LNG supply, terminal use, and downstream transportation and gas sales agreements on behalf of LNG importer and capacity holder at U.S. LNG erminal, and continues to advise the client on legal issues related to terminal use and downstream marketing of the gas.