J. Hayden Harms

Partner

Areas of Focus

J. Hayden Harms

Partner

hharms@akingump.com

Areas of Focus

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Biography
  • Assists renewable energy and conventional power clients with commercial contract negotiations on energy generation and infrastructure projects.
  • Has served as counsel on more than 2 GW of renewable energy projects.
  • Significant experience drafting and negotiating engineering, procurement and construction contracts; operations and maintenance agreements; equipment purchase and sale contracts; asset management agreements; energy management agreements; and master services agreements.

Hayden advises energy & infrastructure clients on a broad range of transactional matters involving the entire project development life cycle, including the acquisition, development, financing and sale of energy & infrastructure projects.

Hayden has extensive experience in the renewable energy, energy transition and traditional energy sectors, having advised clients in connection with numerous power generation and storage assets, including wind, solar, battery storage, renewable natural gas, hydrogen, ammonia, carbon capture, liquefied natural gas (LNG) and upstream and midstream oil & gas, as well as various other new and emerging technologies.

Representative Work
  • Represented The Guardian Life Insurance Company of America in connection with Guardian’s tax equity commitment to a 56 megawatts (MW) portfolio of solar projects under development by SunVest.
  • Represented CIM Group in the development of several solar & storage projects totaling over 1 gigawatts (GW) of solar and battery generation, including Westlands Solar Park, one of the first solar facilities to be financed in the United States on a merchant basis.
  • Represented First Ammonia in the design and construction of a green hydrogen facility in the Gulf Coast of the U.S.
  • Represented a publicly traded company in the development of over 20 renewable natural gas (RNG) processing and generation facilities since the start of 2022, including negotiating the sale of RNG, the federal renewable fuel standard (RFS) program, renewable identification numbers (RINs), low-carbon fuel standard (LCFS) credits and related tax credits and other incentives.
  • Represented a national bank in connection with a tax equity and debt investment in the Sun Streams 4 solar plus storage project owned by Longroad Energy.
  • Represented a Texas-based electricity and power generation company in the negotiation of engineering, procurement & construction (EPC) and related contracts for the construction of 650 MW of solar and storage projects.
  • Represented Excelsior Energy Capital, a leading independent North American renewable energy investor, in its acquisition of the 682.5-MW Faraday Solar project in Utah County, Utah, from Parasol and Clēnera.
  • Represented a national bank in connection with the negotiation and execution of a tax equity commitment for a 275-MW solar project that includes a large battery storage system.
  • Represented Excelsior Energy Capital in closing a long-term partnership with Unico Solar Investors to build a 250-MW pipeline of commercial and industrial solar projects across North America.
  • Represented NextEnergy Capital in negotiating project documents for the construction of multiple solar projects in Virginia.
  • Advised a developer of an LNG import facility throughout numerous aspects of project development and various other aspects of owning and operating an LNG terminal.
  • Represented one of the largest independent producers of water infrastructure and disposal services for energy companies in the Permian Basin in its sale to a subsidiary of a national owner and operator of tanker trucks, saltwater gathering pipelines and disposal facilities.
  • Advised an energy-focused private equity firm in its Series A co-investment in a leading innovator of technology solutions for zipper manifolds and hydraulic fracturing equipment.
  • Counseled an energy-focused private equity firm in the sale of its portfolio company, a leading provider of plunger lift, gas lift and complementary compression products.
  • Advised an oil & gas drilling company in the sale of its commercial trucking assets.
  • Represented an investment bank in the development and tax equity financing of a 200-MW wind farm in Oldham and Deaf Smith counties, Texas.
  • Represented a national accounting firm in the acquisition of a competitor located in Maryland.
  • Advised a client in a private equity investment involving oil & gas well workovers in McMullen and Gonzales counties, Texas.
  • Represented a venture capital firm in a private equity investment in a pump down company based in Midland, Texas.
  • Represented a venture capital firm in a private equity investment in a contract meter certifier and provider in Texas and New Mexico.
  • Represented a venture capital firm in a private equity investment in an Oklahoma-based entrant frac sand producer.

* List includes work completed prior to joining Akin.

Education
  • J.D., University of Texas School of Law, 2014

  • B.S.B.A., Ohio State University, cum laude, 2010

Bar Admissions
  • Texas

Affiliations and Public Service
  • Member, Texas Bar Association.
  • Member, Houston Young Lawyers Association.
  • Member, Houston Bar Association.
Speeches and Publications
  • “Project Agreements: An Introduction,” DeveloperU, New York City, October 2023.
  • “The Next Great Texas Energy Resource: Renewable Energy in the 2020s,” Texas Lawyer, January 23, 2020.
  • “Structuring Renewable Energy Projects & Investments,” Akin Deal Maker’s Boot Camp, Houston, November 2019.

Insights and Achievements

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