N. Hunter Johnston

Partner

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Areas of Work

Government Affairs & Public Policy, ESG, Climate & Sustainability, Tax Policy

Overview

Hunter Johnston has a leading practice focused on carbon capture and sequestration policy as well as renewable energy and decarbonization policy. Hunter's legal experience over a 35-year career includes representation of clients on matters involving legislative, regulatory, and transactional practice areas with a particular focus in public policy and project finance regarding energy, tax, and decarbonization practice areas.

Hunter has extensive experience developing and financing greenfield energy projects, both domestically and internationally. A recognized leader in carbon capture policy, he has been an advisor to the carbon capture coalition that was responsible for passage of the rewrite of the 45Q tax credit and implementing regulations. He also counsels clients regarding the wind production tax credit and other matters in the wind industry.

Hunter has more than a decade of experience developing carbon capture projects. His experiences have included direct involvement with all aspects of CCS development including permitting, finance, legislative drafting and strategy, federal funding opportunities, NEPA compliance, tax equity structuring and agreements, public comments, and advice regarding implementing regulations and legislative changes to improve the tax credit. He is focused on opportunities for the transition to a blue and green economy through policies to support decarbonization.

Hunter was the lead attorney on securing the first conditional commitment of $2 billion with the Title 17 Advanced Fossil Energy Department of Energy Loan Guarantee Program and also led successful efforts to secure Industrial Carbon Capture Funds under the energy provisions of the American Recovery and Reinvestment Act of 2009, as well as other energy tax credits and programs.

His deep experience working with the Congress, the Department of Energy, the Department of Treasury, and other agencies provides expertise to guide his clients through a wide range of regulatory and legislative matters. Hunter also retains substantive experience representing clients in his native state of Louisiana, and he has a broad knowledge of Louisiana business and politics.

District of Columbia

Hon. Adrian Duplantier, US District Court, Eastern District of Louisiana, 1985

J.D., Georgetown University Law Center, 1985
B.A., Tulane University, 1982, Political Science

Representative Matters

Energy Project Development

Represented multiple companies on implementation of the amendments to the carbon oxide sequestration rules, including filling public comments.
Represented multiple companies in a successful effort to secure a Revenue Ruling from the IRS in connection with the definition of carbon capture equipment in the Section 45Q regulations
Represented major fertilizer company in structuring a tax equity partnership to benefit from the credit for carbon oxide sequestration as well as providing advice on utilization issues
Represented a client in connection with two advanced fossil energy projects in the Section 1703 Department of Energy Loan Guarantee Program.
Represented a utility in connection with a nuclear energy project in the Section 1703 Department of Energy Loan Guarantee Program.
Represented an awarded fossil energy project to secure a Section 48B investment tax credit from the Department of Energy and Department of Treasury.
Represented an energy project seeking a clarification in federal tax guidance from the Department of Treasury for certain tax-exempt bonds.
Represented an energy company resulting in the award of a $260 million grant from the Department of Energy pursuant to the American Recovery and Reinvestment Act of 2009.
Represented a renewable energy technology company seeking federal grants, loan guarantees and tax credits.
Represented an integrated gasification combined cycle project related to federal loan guarantees and incentives
Represented a cellulosic ethanol technology company related to Department of Agriculture and Department of Energy loan guarantee and grant programs and renewable fuels credit.
Represented an energy company regarding the license of an LNG terminal.
Represented an international engineering company in connection with FERC regulation of back-up battery storage devices.

Federal Legislative Policy

Represented local governments resulting in federal appropriations of over a billion dollars in flood control improvements.
Represented integrated energy companies and utilities regarding energy policy and federal legislation including climate change, EPA regulations, and tax policies.
Represented an international nuclear energy company regarding federal legislation and nuclear energy policy.
Represented multiple US mining companies regarding energy policy and federal legislation.
Represented a lighting manufacturer regarding efficiency standards, federal legislation, and regulatory matters.
Represented a state government and its related agencies regarding transportation and infrastructure federal funding opportunities.
Represented a federally recognized tribe before Congress regarding land trust issues.
Represented a Pacific Island nation and local landowners concerning land use issues.

Speaking Engagements

Energy Futures Initiative public webinar: Building the Gulf Coast Clean Hydrogen Market. Wednesday, June 1, 11:30 a.m. – 1:30 p.m. ET
"Case Studies – Projects that Intend to Utilize 45Q," Developing CCUS Projects in Louisiana and the Gulf Coast, Global CCS Institute and United States Energy Association Webinar, November 18, 2020
"Carbon Capture Utilization Storage Roadshow," United States Energy Association Webinar, June 10, 2020
"What is Direct Pay and Can It Help the Clean Energy Industry?," Bipartisan Policy Center Webinar, June 5, 2020
"Section 45Q Carbon Capture Credit," National Association of Regulatory Utility Commissioners' Webinar, July 15, 2019