Seth A.
Levine
- Position
- Partner
- Office
- New Orleans
Seth Levine is a partner in the Corporate Practice Group and co-chair of the Industrial, Petrochemical & Advanced Manufacturing Industry Team.
Seth has a wide-ranging practice primarily focused on the petrochemical and energy industry and has extensive experience in project infrastructure financing, land acquisitions, servitude acquisitions, mineral issues, title and surveys, and all other real estate matters, including all aspects of commercial and industrial real estate development, diligence, industrial and commercial leasing, and land use matters. Seth’s clients include petrochemical manufacturing, pipeline and storage companies, administrative and collateral agents, lenders, project operators and developers, working interest owners, leaseholders, natural gas, oil, and oilfield service companies, as well as privately and publicly held oil and gas exploration companies, renewable and solar energy developers, and manufacturing companies.
Seth regularly advises clients on diverse energy/petrochemical-related issues such as:
- Site acquisitions, including surface rights, mineral issues, and title and all other aspects of development, diligence, and financing in connection with the development and operation of energy, petrochemical, and other industrial infrastructure projects, including LNG facilities, petrochemical complexes, pipelines, liquid and gas storage facilities, and floating production systems
- Master service contracts and agreements
- Operation and maintenance and administrative service agreements
- Feedstock supply, transportation, storage and terminalling services/construction agreements and related facilities project development for hydrocarbons, petrochemicals, and other industrial products
Noteworthy
- The Best Lawyers in America®, Mergers and Acquisitions Law (2024 and 2025)
- Chambers USA, Energy & Natural Resources: Oil & Gas (listed annually since 2021)
- The Legal 500 United States, Real Estate: Real Estate (2021)
Experience
Energy
- Counsel to project owner/developer of estimated $9.4 billion industrial complex to be located in St. James Parish, Louisiana, that will produce ethylene, propylene, polymer, and ethylene glycol, including advices in connection with federal and state permitting and regulatory requirements, evaluation, and negotiation of natural gas and other feedstock transportation agreements, natural gas storage agreements, and natural gas and other feedstock purchase/supply agreements, and general construction and project development advices.
- Counsel to project owner/developer in connection with development, construction, and operation of an LNG liquefaction facility (including ship berth) to be located in Port Fourchon, Louisiana, to receive, liquefy, store, and deliver LNG to LNG carriers for export in overseas markets and domestically with planned Phase I capacity of 2 million MTPA comprising of up to 10 LNG trains, 2 LNG storage tanks, marine loading berth, on-site electric generation facilities, and feed gas pipeline, including advices in connection with state and local tax, corporate structuring, federal and state permitting and regulatory matters, site development matters, construction, and other project development advices.
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Louisiana counsel to joint venture between global hedge fund and international terminal operator in connection with $620 million acquisition of marine and terminal facilities in two parishes connected to existing global chemical company facilities, addressing all real estate, land use, title, survey and leasehold matters, Louisiana utility regulatory matters, and Louisiana port regulatory matters.
- Counsel to national renewable infrastructure developer and manager in connection with restructuring an 183MW wind-powered electric generating project comprised of 11 separate facilities, including advices with respect to credit facility/lender consent matters, limited liability company operating agreement amendments, managing agreements, administrative service agreements, turbine O&M agreement, and remote operations matters.
- Counsel to US independent oil and gas exploration company in connection with $131 million Israeli bond issue on Tel Aviv Stock Exchange with Israeli oil and gas partnership to raise money for development of deepwater oil discovery in the Gulf of Mexico and subsequent bond issue expansion, including advices with respect to bond prospectus, bond indenture, and collateral and security matters. The transaction was the first time an Israeli bond issuance was used to finance development of oil and gas discoveries in the Gulf of Mexico.
- Louisiana counsel to numerous solar development companies in connection with site acquisition (fee, lease, options, and/or servitudes), including advices regarding surface rights, mineral issues, title, and survey matters.
- Served as Louisiana counsel to international lenders for the financing and development of $1.85 billion methanol manufacturing complex in St. James Parish, comprising approximately 1300 acres, designed to produce 1.8 million metric tons per year of commercial-grade methanol. Responsibilities included review of all title, survey and zoning matters, review of borrower corporate organizational documents, lease and sublease agreements, and environmental and regulatory matters.
- Served as counsel to global facilities agent in connection with $1 billion financing for the development, construction and operation of an ethane-based steam cracker plant and monoethylene glycol manufacturing plant in Lake Charles, Louisiana. Responsibilities included review of and addressing all title, survey and zoning matters, review of borrower corporate organizational documents, lease and sublease agreements, and environmental and regulatory matters, preparation of diligence memorandum, and credit agreement and collateral matters.
- Served as counsel to operator and working interest owner of offshore leases in the Gulf of Mexico in connection with a private equity transaction in the amount of approximately $375 million equity commitment involving 10 prospects pursuant to which certain working interests were transferred by asset sale to single purpose vehicles, in order to facilitate development of those assets and provide framework for future transactions.
- Serve as Louisiana counsel to lenders financing the development and construction of $9 billion three-train LNG facility adjacent to the borrower's current NGL facility, including review and analysis of 19 real estate tracts comprising the proposed site, addressing matters such as title, title insurance and endorsements, survey, zoning, water rights, mineral title matters and mechanic's lien issues; review and analysis of lease and servitude agreements, EPC contract provisions, legal opinion matters, terminal agreements, term sheet, and related security/collateral documents; preparation of comprehensive diligence memoranda for commercial bank participant review; Louisiana environmental and regulatory review; state and local tax matters analysis; coast guard and maritime issue review; and preparation of Louisiana security documents.
- Served as lead project development and finance counsel in connection with construction and private equity financing of $900 million offshore floating production platform and gas and oil export pipelines involving multiple offshore lease prospects and working interest owners. This representation included negotiation and drafting of production handling agreements; oil and gas transportation agreements; facilities agreement; connection agreement; platform and export pipeline operating agreements; defense and indemnity agreements; BOEM memorandum in connection with dedication of production, review, and drafting of unit operating agreements and unit operating agreement amendment; and override agreements on behalf of prospect operator/working interest owner of six different prospects jointly held by a collective eight working interest partners. This representation also included negotiation of initial financial structure, including drafting and negotiation of limited liability company operating agreements, with private equity firm and other working interest owner/equity participants and subsequent refinancing, including negotiation of credit agreement and all ancillary financing documents.
- Served as Louisiana counsel to an energy company in connection with the potential expansion of an existing LNG terminal and liquefaction plant, including real estate procurement and site location advices, preparation of long-term option and lease, analysis of environmental site issues, buffer zone and other site conditions and analysis of existing ground lease structure involving multiple site leases and lease consolidation matters.
- Served as co-counsel for natural gas pipeline company in connection with the construction, development and permitting of a $1 billion natural gas pipeline expansion providing advices with respect to negotiation of, and closing on, fee and servitude acquisitions in connection with related pipelines, interconnect facilities, metering and compressor sites, review of title matters, permitting, and governmental relations.
- Served as co-counsel for natural gas storage company in connection with financing, construction, development and permitting of a $250 million salt cavern natural gas storage facility providing advices with respect to $120 million dollar credit facility and related financing documents, negotiation of and closing on fee, leasehold, options, and servitude acquisitions in connection with related pipelines, pipeline facilities, storage caverns, salt water disposal wells and leaching facilities, review of all title matters, assistance with permitting obtaining water rights and addressing related issues, and assistance with governmental relations and expropriation/condemnation proceedings for pipeline right-of-way.
- Served as co-counsel to numerous oil and gas companies in connection with title review, title opinions, and title policies with respect to the development of the Haynesville Shale, including exploration and productions activities, pipelines and transportation assets and storage assets.
- Served as co-counsel to investment partnership holding land interests in connection with mineral leases and internal partnership governance matters.
- Served as co-counsel in connection with the $80 million financing of an undivided quarter interest in an offshore oil and gas production platform in the Gulf of Mexico for international oil and gas operations; was responsible for the negotiation of all security and collateral documents for compliance with Louisiana law and for opinion letter.
Corporate, Real Estate & Finance
- Counsel to a developer in connection with new construction and development of 89 luxury residential unit condominium high rise development. The project also included parking units, storage units, and cabana units. The representation included drafting and formation of condominium regime, addressing land use, zoning, title and survey matters, financing advices, and pre-completion and post-completion sales process and closings.
- Served as lead counsel to a 501(c)(3) federally-qualified health center in connection with the development of the health center using state grant programs, Health Resources and Services Administration (HRSA) funds, and the New Markets Tax Credits (NMTC) program.
- Served as lead counsel to senior lender in connection with $40-million structured financing for construction/operation of vertical condominium parking garage and commercial retail development utilizing the NMTC program, municipal bond financing, and multiple CDE lenders.
- Served as local counsel to borrower in connection with the $350-million financing/acquisition of an international food service/processing corporation.
- Served as local counsel to borrower in connection with the $35-million refinancing of a national gas station/food mart retailer.
- Served as co-counsel in connection with the $50-million acquisition by an international commercial aviation company of fixed-wing and rotor wing aircraft operations and subsequent sale of rotor wing assets; was responsible for all aspects of real estate in connection with the acquisition and subsequent sale, including title, survey, asset purchase agreement negotiation with respect to real property assets (fee and leasehold), municipal lease review, assignment and consents of leaseholds and drafting hangar leases/subleases, fuel purchase agreements, and facility services agreements with affiliates.
- Served as co-counsel in connection with the $40-million acquisition by a national hospital corporation of multiple hospital facilities and medical office buildings; was responsible for all aspects of real property for acquisition of assets, including title, survey, asset purchase agreement negotiation with respect to real property assets, and medical office building lease review.
- Served as counsel in connection with the representation of a national commercial real estate developer in connection with the acquisition, development, and sale of multiple shopping centers in Louisiana having transaction values in excess of $30 million; was responsible for all aspects of transactions, including negotiation of loan documents, negotiation of ground leases, out parcel sales and development, landlord-tenant disputes, title and survey issues, and negotiation of purchase and sale agreements.
- Served as co-counsel in connection with a $1-billion acquisition of timber in multiple states; was responsible for due diligence in connection with all real property and timber assets in Louisiana.
- Served as co-counsel in connection with multiple refinancings and financing of multi-family residential units in Louisiana for a national real estate developer/manager, having total transaction values in excess of $40 million.
- Served as counsel in connection with commercial leases of a rental car facility by a national car rental corporation in order to serve the Louis Armstrong New Orleans International Airport.
- Served as counsel in connection with a commercial restaurant lease for a local restaurateur for space located in a national casino.
- Served as counsel in connection with an office tower lease for an oil company.
- Served as co-counsel in connection with multiple multi-million-dollar vessel financing and vessel construction contracts for a national lender.
- Served as co-counsel in connection with multi-million-dollar workout and refinancing of two nursing homes in Louisiana.
- Served as co-counsel in connection with the $70-million refinancing of a shopping center in Shreveport, Louisiana.
- Served as counsel in connection with organizational formation/corporate governance of numerous restaurant service companies in New Orleans.
- Served as co-counsel in connection with corporate formation and corporate governance pertaining to existing entities and single-purpose entities in the energy and investment services sectors for a multi-million-dollar oil and gas services company and energy investment corporation.
- Served as co-counsel in connection with the $7.3-million municipal finance transaction to acquire and construct corporate headquarters and distribution center for the largest tie manufacturer/men's accessory corporation in the world.
- Served as co-counsel in connection with the multi-million-dollar refinancing of four mini-storage facilities; performed all due diligence, corporate formation, and authority documents for multi-layered borrowing entities.
- Served as lead counsel representing borrower in connection with the $6.9-million refinancing of a New Orleans hotel.
- Served as co-counsel in connection with the $55-million bond financing transaction to construct US Navy housing facilities in Louisiana; was responsible for all title and survey review and corporate formation/authority documents.
Bankruptcy & Foreclosure
- Served as co-counsel in connection with foreclosures of residential apartment complexes, shopping centers, and commercial buildings in federal court and state court for national institutional lenders and national insurance companies.
- Served as co-counsel in connection with a commercial fishing vessel foreclosure for a national banking association.
- Served as counsel in connection with foreclosure of various movable property, including vehicles and equipment, in federal court.
- Assisted in the representation of national oil companies as creditors in bankruptcy proceedings, including preference actions, set-offs, assumption/rejection of executory contracts, administrative claims, proof of claims, and automatic stay issues involving multi-million-dollar disputes. Also performed bankruptcy analysis for telecommunications company in connection with acquisition of tower sites nationwide.
- Served as co-counsel in connection with the representation of a foreign secured lender in the amount of $100 million in a bankruptcy proceeding involving a national offshore oil and gas services company.
- Served as co-counsel in connection with the representation of an airport in all airline bankruptcies; was responsible for monitoring all proceedings and preserving all claims of the airport.
- Served as counsel in connection with the representation of a national insurance company in a preference action.
- Served as counsel for a national equipment finance company as creditor in multiple related bankruptcies.
- Served as lead counsel representing a national real estate entity as landlord in connection with tenant disputes for numerous tenants of shopping centers located in Louisiana, including evictions and collection of past-due rent.
- Served as co-counsel representing a plaintiff condominium owner in connection with a lawsuit against seller, condominium association, real estate agent, inspection service, and insurance companies for hidden defects.
Publications
- "Gulf States Challenge BOEM Rule Requiring Oil and Gas Companies to Provide $6.9 Billion in Supplemental Bonds," Charting the Course: Navigating Offshore Energy Client Alert, August 1, 2024
- "What Will Fuel the Energy Transition: A Comparison of Hydrogen and Ammonia — Is there a Clear Winner?" The Energy Transition ERA: Environmental, Renewables & Alternative Energy Client Alert, October 5, 2023
- "Beyond the Blog — COVID-19 Weekly Recap — May 24, 2020," Jones Walker LLP Disaster Prep & Recovery Client Alert, May 24, 2020
- "COVID-19: Back-To-Work Toolkit," Jones Walker LLP Disaster Prep & Recovery Client Alert, May 18, 2020
- "COVID-19: A Weekly Recap – March 22, 2020" Jones Walker LLP Disaster Preparedness & Recovery Client Alert, March 22, 2020
Presentations
- "Offshore Wind is Making Strides," 2023 Louisiana Energy Conference, June 2, 2023
- "FUSION: Sustainability: A Dialogue on Policy, Economics, and Leadership," New Orleans Regional Leadership Institute (NORLI), October 2018
- "Predevelopment Issues in the Renewable Space," IEL Renewable Webinar, June 27, 2018
Memberships
- Faubourg St. John Neighborhood Association, Past President and Advisory Board Member
- Jewish Federation of New Orleans, Board Member
- Xavier University, Division of Business Advisory Council Member
- Licensed Real Estate Broker, State of Louisiana
- Louisiana State Bar Association
- Jewish Endowment Fund (JEF), Board Member
- Lafitte Greenway, Board Member
- Louisiana State Museum Foundation, Board Member
- New Orleans Airlift, Board Member
- New Orleans Regional Leadership Institute, 2018 Graduate
- The NOCCA Institute (New Orleans Center for the Creative Arts), Board Member
Education
- Tulane University Law School
JD, cum laude, 2001 - New York University, Leonard N. Stern School of Business
BS, Finance, 1998 - University Maastricht
International Business and Finance, Spring 1998
Bar Admissions
- Louisiana