Chemicals, Petrochemicals and Refining
Andrews Kurth has represented clients in the chemicals, petrochemicals and refining industries throughout the history of our firm. Whether our clients require assistance with regulatory approvals, an acquisition or disposition, a complex project financing, a development transaction (including, FEED, EPC, offtake, tolling, licensing or other development contract), intellectual property, labor, tax or environmental counseling or dispute resolution, Andrews Kurth understands this industry and has the breadth and depth of legal skills to get the job done efficiently.
Our attorneys stay abreast of industry trends and regulatory issues affecting our chemical, petrochemical and refinery clients. For example, we are closely monitoring new or proposed IRS regulations that could negatively impact master limited partnership (“MLP”) status, how the market is attempting to address the risks in tight labor markets, managing commodity risks, permitting challenges given the ever changing EPA rules, particularly those related to air emissions. Andrews Kurth attorneys are equipped to handle virtually any legal matter that our chemical, petrochemical and refinery clients may face during their life cycle.
The MLP practice at Andrews Kurth is recognized as one of the most distinguished practices in the nation. From small refineries to multi-national conglomerates, our clients have benefited from our sophisticated MLP practice, which has allowed some of our clients to develop petrochemical projects using one of the most cost-effective sources of equity financing.
MLPs, however, are not suitable for all chemical, petrochemical or refinery clients, so our attorneys are fluent in project development and finance outside of the MLP structure.
Our attorneys are proficient in leveraging the nuances of running a chemicals-related business to best benefit our clients. Whether our clients need assistance with corporate or transactional issues, real estate, environmental compliance or governmental and regulatory matters, we have the experience necessary to represent a variety of organizations, from LLCs to MLPs or strategic partnerships. Our reputation in the energy industry extends to virtually all chains of the petrochemicals and refining industry. Our comprehensive understanding of petroleum products, as well as our current knowledge of evolving technologies, is an attractive combination for our clients.
Representative matters include:
- Representation of Tronox Inc., the world's fifth largest producer of titanium dioxide, in its bid for the inorganics business unit of LyondellBasell.
- Representation of Performance Chemicals & Ingredients Company (d/b/a SensoryEffects) in its acquisition from Highlander Partners, L.P. of Dallas by Balchem Corporation.
- Representation of Gulf Bayport Chemicals, LP and its wholly-owned subsidiary, Clear Lake Chemicals LLC, in the sale of substantially all of Clear Lake Chemicals LLC's assets, including its 36 acre chemical manufacturing plant in Pasadena, Texas, to Athlon Solutions LLC.
- Representation of Flotek Industries, Inc. in its acquisition of the outstanding stock of Florida Chemical Company, Inc.
- Advising the sponsor on the development of an ammonia production project in Mexico.
- Advising on the development and financing of an ammonia production project in Louisiana.
- Advising on the development and financing of a urea production project in the Northeast U.S.
- Representation of a client in connection with an EPC contract for the construction of an approximately $120 million chlor alkali and carbon capture and mineralization facility to be located in Texas.
- Negotiated to close an EPC contract for the construction of an approximately $120 million chlor alkali and carbon capture and mineralization facility to be located in Texas.
- Representation of Green Plains Partners LP, an MLP that provides ethanol and fuel storage, terminal and transportation services, in its IPO.
- Representation of the underwriters in the IPOs of the following MLPs:
- CVR Partners, LP, an MLP that produces nitrogen fertilizer;
- OCI Partners LP, an MLP that owns and operates an integrated methanol and anhydrous ammonia production facility, and is the largest producer of merchant methanol in the world;
- Petrologistics, an MLP that owns and operates a propylene production facility utilizing PDH technology, which was the only propane dehydrogenation facility in the US; and
- Rentech Nitrogen Partners, L.P., an MLP that owns and operates two nitrogen fertilizer production facilities.
- Advised Frontier Oil Corporation in its merger with Holly Corporation to form the fourth largest independent oil refiner in the United States.
- Representation of Sinclair Oil Corporation in its acquisition of its refinery by Holly Corporation and acquisition of storage and pipes by Holly Energy Partners, L.P.
- Representation of Pandora Methanol LLC, a joint venture between Janus Methanol AG and Orascom Construction Industries, in the acquisition, refurbishment and restart of a Beaumont, Texas methanol and ammonia facility.
- Representation of a client in the development of Methanex’s Chile II methanol plant, which was relocated from Punta Arenas, Chile to the U.S. Gulf Coast.
- Representation of a client in the development of Methanex’s Chile III methanol plant, which was relocated from Punta Arenas, Chile to the U.S. Gulf Coast.
- Representation of DKRW in the project financing of its coal to methanol to gasoline project in Wyoming.
- Advising a client in connection with the development of a methanol facility in Texas.
- Advising a client in connection with the development and financing of a methanol facility to be located in Louisiana.
- Advising a client in connection with the development and financing of a methanol to gasoline facility in Louisiana.
- Advising the sponsor on an approximately $1 billion financing of a natural gas-to-methanol project in Louisiana.
- Representation of Sunoco LP in its acquisition of 100% of Susser Holdings Corp. from Energy Transfer Partners, L.P. Sunoco LP is an MLP that distributes Sunoco-branded motor fuel to convenience stores, independent dealers, commercial customers and distributors and also operates approximately 850 convenience stores and retail fuel sites.
- Representation of a client in in the negotiation and execution of a tolling agreement and terminalling agreement for a 100,000 bbl/day splitter facility
- Representation of Westlake Chemical Corp in the negotiation of a natural gas supply agreement for a cracker facility.
- Represented a client in the development and financing of Atlas methanol facility, with capacity of 5,000 mtpd, located in Trinidad and Tobago.
- Representation of client in the development and financing of Titan methanol facility, with capacity of 2,500 mtpd, located in Trinidad and Tobago.
Our knowledge of the chemical, petrochemical and refining industries encompasses all components of the law. Rather than focusing only on M&A, project development and financing, capital markets or corporate governance, we deploy a multidisciplinary approach to serving our clients’ needs in these industries. We see the big picture, and use that perspective to help our clients plan for success.
- Copyright Litigation
- Data Privacy and Cybersecurity
- IP Counseling and Licensing
- Master Limited Partnerships (MLPs)
- Mergers and Acquisitions
- Patent Litigation
- Patent Prosecution
- Patent Trial and Appeal Board Proceedings
- Project Finance
- Securing and Maintaining Trademarks and Brand Names
- Trade Secret/Trade Dress Litigation
- Trade Secrets/Trade Dress
- Trademark Proceedings and Litigation
Recognized as a Recommended Copyright Practice in the United States, IP Stars
Recognized as a Highly Recommended Copyright Practice in New York, IP Stars
Recognized as a Highly Recommended Trademark (Contentious) Practice in New York, IP Stars
Recognized as a Highly Recommended Trademark Prosecution Practice in New York, IP Stars
Recognized as a Highly Recommended Trademark (Contentious) Practice in Washington, DC, IP Stars
- The Supreme Court Holds that Laches Can No Longer Be Used as a Defense Against Damages Claims in Patent Cases Brought within the Patent Act’s Six-Year Limitations PeriodMarch 24, 2017
- Life Technologies Corp. v. Promega Corp.: Exportation of a Single Component is Not Subject to Patent Liability Under Section 271(f)(1) of the Patent ActMarch 7, 2017
- Organik Kimya et al. v. ITCFebruary 23, 2017
- New Proposed Rules Regarding Government Rights in Federally Funded ResearchFebruary 21, 2017
- Special Reporting Requirements Regarding Exercises of Incentive Stock Options and Transfers of Stock Acquired under Employee Stock Purchase Plans (2017 Update)January 11, 2017