Joshua Philip Downer

Josh Downer is a business attorney in Holland & Knight's Houston office. Mr. Downer centers his practice on energy transactions and has particular knowledge and experience with respect to midstream projects and infrastructure. He has represented clients in the energy space both onshore and offshore, as well as in the United States and internationally.

Complex Energy Transactions. With a focus on client service and problem solving, Mr. Downer excels at a wide range of energy-focused transactions. He regularly represents clients in the negotiation and drafting of complex, high-stakes agreements, governing matters such as long-term oil and gas gathering, gas processing, purchase and sale, acreage dedications, terminaling and storage, fuel supply and offtake for industrial and manufacturing facilities, natural gas crypto mining supply and flare mitigation technology, produced water treating and disposal, and similar energy-focused agreements.

Mr. Downer is well versed in the various operational processes needed to accomplish the parties' goals in these transactions. In addition to advising on key terms and risks, he prides himself as a "dealmaker" and always seeks to find a positive solution, while helping to ensure his client is protected and gets the best deal possible.

Energy-Focused Mergers and Acquisitions. Mr. Downer represents clients in transactions concerning the acquisition and divestiture of midstream assets and facilities, including transaction structuring and negotiation, and thorough due diligence.

Facility Construction and Services Agreements. Mr. Downer has assisted companies and service providers with countless construction agreements, facility operating agreements, master services agreements, purchase orders and similar service-based contracts in both the exploration and production (E&P) and midstream space. In addition, he offers trainings on these subjects to clients and colleagues.

Carbon Capture, Use and Storage. Mr. Downer has been on the forefront of cutting-edge carbon capture, use and sequestration (CCUS) projects. He advises clients on carbon sequestration agreements and associated issues, including helping clients navigate the delicate relationship between CCUS developers, mineral owners, oil and gas exploration companies, and other potential subsurface land users.

Advice Drawn from Substantial Energy Experience. In addition to his transactional experience and background, Mr. Downer is a former energy litigator and has substantial experience in oil and gas operations generally. He has represented clients in cases concerning virtually all aspects of oil and gas operations in Texas state and federal courts, as well as representing clients in disputes with the U.S. Department of Interior before the Interior Board of Land Appeals (IBLA), particularly with regard to the agencies that regulate the offshore oil and gas industry, such as the Bureau of Ocean Energy Management (BOEM), Bureau of Safety and Environmental Enforcement (BSEE), and Office of Natural Resources Revenue (ONRR).

For this reason, clients frequently turn to Mr. Downer for counsel with questions regarding multiple oil and gas matters, including acquisition and divestiture of properties, calculation and payment of royalties, lease interpretation, decommissioning of offshore facilities, and similar matters related to owning and operating oil and gas assets.