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Key Issues in Carbon Capture Projects
Original Program Date :
Length: 60 Minutes

This session is designed as a primer on key legal issues encountered in developing a carbon capture and sequestration project. The speakers will provide an overview of key issues in lease arrangements, regulatory and permitted matters, as well as in commercial contracts.

Archie Fallon, Willkie Farr & Gallagher LLP

Denis A. Fallon (Archie) is a partner in the Corporate & Financial Services Department and Co-Chair of the Firm's Power & Renewable Energy, Environmental, Social & Governance and Project Finance practice groups. Archie represents private equity funds and corporate clients in strategic transactions primarily in the energy, infrastructure and technology sectors. Archie has particular experience advising on platform investments, mergers and acquisitions, financings, joint ventures, recapitalizations and project development. Many of Archie's clients invest in infrastructure across the risk-return spectrum, including midstream, power, renewable, transportation and other core assets.

Archie regularly writes and speaks to groups regarding trends affecting private equity investments in the energy and infrastructure sectors.

Chambers USA (2022) recognizes Archie nationally for his work in the area of Energy: Oil & Gas (Transactional). Archie was named as one of Law360's 2019 MVPs in the area of Project Finance. He has also been recognized as a Law360 Rising Star in the area of Energy and by Super Lawyers as a Texas Rising Star.

Archie is actively involved in energy industry organizations, including serving as Chair of the Renewables Practice Committee at Institute for Energy Law (IEL). He also serves on the advisory boards for IEL, the Greater Houston Partnership and the Renewable Energy Alliance Houston (REAL Houston).

Loulan J. Pitre, Kelly Hart & Pitre LLP

Loulan Pitre leads our Louisiana offices and focuses his work on project development, construction, and operations in the Louisiana coastal zone.  His law practice concentrates on the most challenging aspects of doing business in and protecting the vulnerable environment of Louisiana’s working coast, including entity formation and governance, complex land rights issues, construction procurement and management, environmental and coastal permitting issues, and dispute resolution.

He has represented energy and other industrial companies, real estate developers, financial institutions, ports, levee districts and other public entities, and players in the construction and service industries such as contractors, engineers, and material suppliers.  While serving as a member of the Louisiana House of Representatives from 2000 to 2008, he was intimately involved in the development of the state’s coastal restoration and protection program and large transportation infrastructure projects such as the elevated highway to Port Fourchon.  He has carried that knowledge and experience into his law practice.  

Mr. Pitre is very familiar with the Louisiana law concerning public and private finance, procurement, and contracting.  His experience includes traditional finance and procurement methods for both public and private projects, such as bidding and requests for proposals, as well as more innovative methods such as public private partnerships, securitization, and toll bonds.  Mr. Pitre has wide experience with the major federal environmental statutes and their Louisiana counterparts. He is ranked in Chambers, BestLawyers, and SuperLawyers, and is a frequent speaker and writer. He is an experienced negotiator and is trained in both arbitration and mediation.  He is an Adjunct Associate Professor of Law at Tulane Law School.

Aileen M. Hooks, Baker Botts L.L.P.

Aileen Hooks combines extensive experience in the transactional and environmental arenas to help clients navigate the environmental aspects of transactions and regulatory aspects of their operations. She negotiates and manages the environmental and facilities-related aspects of client's projects and transactions in the United States and globally. In particular, Ms. Hooks has considerable experience advising clients on environmental and safety regulatory developments and issues and liability considerations affecting the full spectrum of the energy industry. She also regularly provides legal counsel to clients on environmental, health and safety regulatory, permitting and enforcement matters. Her experience includes advice concerning the regulation and management of hazardous, toxic and radioactive materials, substances and wastes, including RCRA and TSCA compliance. She provides strategic advice to clients on matters before state and federal agencies, including the Texas Commission on Environmental Quality, the Railroad Commission of Texas and the U.S. Environmental Protection Agency. She has worked on transactions, projects, and agreements involving power plants, solar, wind and geothermal projects, ethanol plants, upstream oil and gas assets, refineries, pipelines and terminals, as well as the chemical, paper and semiconductor industries. Additionally, her experience includes fuel regulation, pipeline safety, site and vessel decommissioning and contaminated site issues.

Ms. Hooks has developed extensive experience advising clients on complex and sensitive negotiations in both the environmental regulatory and transaction arenas. She helps clients understand environmental considerations and liability concerns associated with their operations and with proposed projects and transactions.

Ms. Hooks' environmental practice also encompasses sustainability and climate change issues. She is active in the United States Business Council for Sustainable Development. On a pro bono basis, she worked on the drafting and negotiation of a memorandum of understanding between the Council and the U.S. EPA on Scientific and Technical Cooperation in the Fields of Environmental Protection and Sustainable Development.


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