Speaking Energy

2023 saw two megadeals in the oil & gas industry that have led to calls from environmental interest groups for the FTC to intervene despite a lack of obvious antitrust issues. Whether the FTC will sue to block the deals remains to be seen.

While the traditional reserve-based lending (RBL) market for domestic exploration & production (E&P) companies did not move significantly during 2023, it is noteworthy to observe a few trends.

It seems likely the year ahead will see only a modest rebound in mergers & acquisitions (M&A) activity. Among the challenges that remain for 2024, one challenge to further deal activity is the potential shortage of attractive assets coming to market. Another hindrance to the depth of the M&A markets is the ongoing—and widening—valuation gap between the big energy giants and the smaller producers that is now reaching historic levels.

The past year has been broadly characterized as one of limited public market activity and rising interest rates putting a dampener on access to capital. For the oil & gas industry, the volume of debt & equity offerings remained at historically low levels. With bank lenders and some institutional investors also continuing to retreat from the market, it has been a year in which alternative sources of capital have come to the fore.

In Fore River Residents Against the Compressor Station v. FERC,¹ decided on July 21, 2023, the U.S. Court of Appeals for the District of Columbia Circuit ended long-running litigation over the Federal Energy Regulatory Commission’s (FERC or “Commission”) approval of the Weymouth Compressor Station in Norfolk, Massachusetts. The Weymouth Compressor Station is part of the Algonquin Gas Transmission, LLC and Maritimes & Northeast Pipeline, L.L.C. Atlantic Bridge Project, which received a certificate under section 7 of the Natural Gas Act (NGA) from FERC in 2017 (Docket No. CP16-9).² In Fore River, the court found that the petitioners, local residents, municipalities, and an environmental organization lacked Article III standing to challenge two orders issued by FERC after the certificate issued (1) a December 26, 2018, delegated order granting Algonquin a two-year extension of time to construct the facilities (the “Extension Order”)³ that was subsequently upheld by a full Commission order on February 21, 2020 (the “2020 Rehearing Order”);⁴ and (2) a January 20, 2022, denial of rehearing (the “2022 Rehearing Order”)⁵ of a September 24, 2020, order authorizing Algonquin to place the facilities in service (the “In-Service Extension Order”).⁶ It also dismissed the petitions as moot. 

In March 2023, Indonesia’s Minister of Energy and Mineral Resources, Arifin Tasrif, announced the Ministry of Energy and Mineral Resources Regulation No. 2 of 2023 concerning Implementation of Carbon Capture and Storage, as well as Carbon Capture, Utilization and Storage in Upstream Oil and Gas Business Activities (the “MEMR 2/2023”). Indonesia, which has geological formations well suited to the development of carbon capture and storage (“CCS”) as well as carbon capture, utilization and storage (“CCUS”) projects, has become one of the first countries in Southeast Asia to promulgate regulations to support the integration of CCS/CCUS projects within upstream exploration and production activities with the goal of helping to decarbonize the industry.

We are pleased to share a recording of Akin Gump’s mid-year energy briefing that recently took place, along with the presentation materials.

(Houston) – Akin Gump is pleased to announce it has released its “2020 Energy Year in Review,” which examines the current state of the global energy market and highlights the energy matters with which the firm was involved last year across the following areas:

• Mergers, Acquisitions & Strategic Transactions
• Capital Markets
• Financing
• Project Development
• Financial Restructuring
• Energy Litigation.