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Capabilities / Hydrogen


Guiding clients in the development, financing, and operation of an emerging hydrocarbon alternative.

Husch Blackwell’s deep bench of renewable energy attorneys have the industry experience necessary to serve the needs of developers, investors, and operators of commercial-scale alternative energy projects, including hydrogen projects and hubs. We work with clients to develop the legal frameworks required to direct hydrogen toward multiple end uses, including heating, industrial feedstocks, and fuel cells.

Our team approaches each project stage creatively, from initial siting concerns and real estate challenges to storage and distribution infrastructure, as well as financing and sale transactions. We work through the agreements required to see these projects to completion, and we also address existing and anticipated legislative and regulatory developments in hydrogen energy law, including valuable tax credits and other state and federal development incentives. We assist clients regardless of the resource base used to produce hydrogen, including coal gasification, gas steam reformation, and electrolysis of carbon-free sources.

Representative Experience

  • Advised clients on the potential for new federal statutes to regulate of interstate hydrogen pipelines.
  • Provided transactional services for the financing of new hydrogen facility installation in Utah.
  • Represented clients at the PUC of Texas on Docket No. 52487 related to hydrogen (ETI OCAPS Dual Firing Generation CCN).
  • Extensive research performed on regulatory, siting, and environmental requirements for hydrogen production and electrical service connection in several US states; advise clients on the potential for new federal statutes to regulate interstate hydrogen pipelines.
  • Advises clients on electrical tax incentives and regulatory issues for creation of green hydrogen.
  • Represented $320 million clean gas developer in the negotiation and preparation of multiple gas rights and project site lease agreements, together with ancillary easement and real property agreements.
  • Represented limited distribution company in FERC matters related to the establishment of a “wheeling” services permitting the transfer of clean gas into interstate commerce.
  • Represented regional clean gas developer in the negotiation and preparation of EPC agreements, including with respect to Treasury guidance applicable to investment tax credits modified or expanded by the Inflation Reduction Act of 2022.
  • Advised developer on project structuring, project financing, third-party investment and negotiation of commercial contracts for a $25 million clean gas project with annual production of 1 million MMBTUs.
  • Represented clean gas project developer in negotiating and securing complex development and operating capital stack, including state grants, tax equity investment, subordinated debt in the form of taxable bonds, and USDA-guaranteed senior secured debt. 
  • Representing multiple clean gas developers in joint ventures alongside multi-national super major energy companies, renewable fuel dispensing companies, regional utilities, and green fund financial investors.

The firm's legal advice is not only technically sound but also pragmatically tailored to align with our business objectives and the realities of the market.

Chambers USA 2024