John F. Pierce
Partner

1420 Fifth Avenue Suite 3700, Seattle, WA USA 98101

Overview

John Pierce focuses his practice on the structuring, development, and financing of energy and infrastructure projects. He represents clients in connection with power generation projects utilizing an array of traditional, renewable, and conventional energy sources. John also works with carbon mitigating credits, offsets and trading structures, the creation and application of carbon trading protocols and markets, carbon sequestration, other environmental attributes and mandates, and related market-based means to add value to certain energy projects.

John’s practice is international in scope. He has been project counsel for the development of utility-scale solar projects in the U.S., the Caribbean, Southeast Asia, Northeast Asia, Africa, the Middle East, and Latin America. For example, he recently advised on the development and financing of wind farms and PV solar projects across the U.S. John was primary counsel on a 1,000 MW offshore wind farm in California, a 700+ MW offshore wind farm in Hawaii; similar offshore wind farm projects in Japan, Taiwan, Korea, and the Caribbean; a variety of PV solar and batter storage systems; the development of utility-scale solar thermal for steam injection projects in oil production fields; pump storage projects in California, Hawaii, Montana, and Washington; as well as electric vehicle infrastructure and renewable hydrogen production technologies and projects in Texas, California, Washington, Iceland, and Eastern Europe. Additionally, he has infrastructure project experience where he has counseled on the development of port facilities (bulk and container), airports, toll roads, terminals, refineries and associated pipelines, and industrial zones.

Prior to joining the firm, John was a partner on the energy team within the corporate practice of a national law firm where he focused on the structuring, financing, and development of energy and infrastructure projects globally.

John is committed to giving back to the legal community and beyond. He advises several nonprofits in Southeast Asia working on refugee issues and human rights matters, acted as counsel to Nobel laureate Daw Aung San Suu Kyi, and has advised the U.S. State and Commerce Departments on energy and political matters relating to Burma, Cambodia, Mongolia, and Vietnam.

John is ranked as a Band 1 lawyer in Energy and Natural Resources (2021–2024) by Chambers USA: America’s Leading Lawyers for Business. He was recommended by Legal 500 US in 2015 for Environmental – Transactional and Regulatory. John is a recognized thought leader and prolific speaker on issues related to renewable energy such as offshore wind, solar energy and storage, the landscape of biofuels (including efuels), hydrogen and derivatives such as ammonia, woody biomass, and carbon credit generation and sales, registries, trading, utilization, and sequestration.

John is proficient in Burmese, Thai, and Vietnamese and has basic knowledge of Mandarin.

More
Experience

*Counsel to offshore wind farm project developers, including offshore wind projects in California, Hawaii, Maine, Massachusetts, South Carolina, the Caribbean, Korea, Japan, and Taiwan.

*Advised on several hydrogen production and fueling efforts, including a commercial production platform using ocean kinetic energy to power vessel-based electrolysis in Washington, using redundant rate energy to produce renewable hydrogen in Washington, and infrastructure scale fueling stations for fleets and trucks in California (for a major automobile OEM), Oregon, and Washington).

*Advised a major technology company on the origination, structuring, partnering and contracting to create various carbon credit accruing projects and investments in Europe, the U.S., Latin America and Asia. Such credits will be utilized to offset their own emissions, past, present and futures, as well as be shared among subscribing partners in these projects and investments.

*Advised various banking institutions on the creation, trading and utilization of Section 45Q tax credits (carbon sequestration), as well as related technology and project developers working with atmospheric capture of carbon dioxide or other gas emissions, the sequestering of the captured carbon dioxide in salt caverns, depleted oil wells and elsewhere.

*Counsel to the development of a 2.5mm+ hectare agroforestry projects in Congo and other West African countries that will generate carbon credits that will be sold to fund and expand the projects.

*Advisor to a well-known philanthropist regarding various renewable energy, agricultural, and policy-related investments in Hawaii.

*Advisor to a nonprofit foundation (owned by one of America's best-known and most accomplished entrepreneurs) and its various energy projects (algae biomass and woody biomass) in Hawaii.

*Advised on development and financing (equity, debt and bonds) of a syn-gas facility in Hawaii that will provide renewable natural gas (RNG) produced from construction waste.

*Advisor to a leading global security and aerospace company on large-scale solar energy, ocean energy (OTEC), and biofuels projects.

*Advised on the development of biomass and municipal solid waste (MSW) qualification and power generation projects in Hawaii.

*Advised a biopharmaceutical start-up on the procurement of a Defense Production Act (DPA) authorized Development Finance Corporation (DFC; formerly OPIC) concessionary loan.

*Counsel to an advanced alternative energy technologies company on the development and financing (California Pollution Control Bonds, Investment Tax Credit, and SGIP) of a portfolio of four wastewater methane to power projects.

*Advised on the construction of an LNG terminal and pipeline facility in Yemen for a multi-energy company.

*Advised a multi-energy company regarding the development of an oil pipeline and refining complex in Vietnam (never completed).

*Represented contractors in respect of certain EPC agreements for the development of an Indian oil refining complex, including pipelines.

*Represented a high-profile petroleum brand regarding the restructuring of the project financing of a large refinery complex in Thailand.

*Advised a high-profile petroleum brand regarding certain offshore production jacket manufacturing contracts.

*Advised various biofuels companies (ethanol, biodiesel, biobutanol, algae, DME) with respect to more than a dozen plants on both sides of the transactions, including the largest biodiesel facilities in the U.S.

*Advised one of Thailand's leading conglomerates regarding various construction-related agreements for the Don Muang Tollway project on behalf of a consortium in Thailand, as well as the construction-related and financing related agreements for the construction of the Mandalay International Airport.

*Represented an Asian mineral exploration concern with a major Japanese integrated trading and investment business conglomerate as contractor, providing construction and financing of the Monywa, Myanmar, and later the Turquoise Hill, Mongolia copper and gold mining projects.

*Represented a Korean consortium with regard to privatization and rehabilitation of the Ulanbaatuur district heating system.

*Advised several contractors relating to the Hopewell Sky Train project in Bangkok, Thailand.

*Geothermal projects: Unocal - Cavite, Philippines project; Salak and Wiyang Windu, Indonesia projects; U.S. Geothermal project, Idaho; Calpine - repowering projects in Geysers area, California; Simbol.

*Materials relating to lithium extraction from brine; various drilling and field services agreements for various companies - more than 1,500 MWs.

*Represented various wind farm developers in relation to construction-related agreements for various corporations.

*Acted as counsel to a consortium regarding the Yadana transnational gas pipeline from Myanmar to Thailand and associated facilities worth $1.6 bb.

*Acted as counsel to a well-known American oil brand regarding the Yetagun transnational gas pipeline from Myanmar to Thailand and associated facilities - $1.4 bb.

*Advised Unocal in relation to a gas pipeline from Bangladesh to Bengal State, India (not completed).

*Represented various prominent cement manufacturers with respect to investments in and development of cement plants in Vietnam, Bangladesh, Thailand, and Myanmar.

*Assisted in the development of gas-fired or diesel power plants in Africa, the Philippines, Malaysia, Vietnam, Thailand, Cambodia, and Cherry Point, Washington.

*Advised on the development of various biomass-fired power plants ranging in size from 10 to 210 MWs in the U.S., Canada, and Southeast Asia.

*Advised on numerous wind energy conversion projects, including turbine supply agreements, warranty agreements, and operation and maintenance agreements, as well as related project finance documentation.

*Advised on and prepared various production-sharing contracts and related documentation, including joint operating agreements, transportation, agreements and related bid documentation, and EPC agreements.

*Counsel to Thai energy company in relation to a regional energy generation plant and related transmission system in Cambodia.

*Advised a U.S. energy major on the acquisition of defaulting a 220 MW geothermal power project in Indonesia, valued at $450 million, including the drafting of the principal transactional documentation such as the term sheet, loan documentation, master agreement, indemnities, and guarantees. Participated in the negotiations with lenders.

*Acted for a U.S. oil and gas major in respect of its construction of an offshore/onshore natural gas pipeline in Myanmar, as well as matters regarding the possible construction of a power plant and other offtake activities.

*Advised a U.S. energy major in Vietnam regarding several offshore production sharing contracts.

*Counsel to a U.S. energy major in relation to its negotiations with the Thai petroleum monopoly regarding a certain refinery joint venture investment in Thailand and related transactional issues arising from credit and insolvency issues between these parties and the project company.

*Counsel to a multinational corporation in relation to its joint venture development of a potash mining project in Indochina, including the preparation of the term sheet, joint venture agreement, and related documentation

*Advised a U.S. energy company regarding a joint venture greenfield biomass fuel power project in the Philippines, with an investment value of $130 million, including the preparation of the joint venture documentation, certain financing documentation, and related documents and instrument.

*Acted as the principal in-country legal counsel to two oil company consortiums, led by U.S. and European majors, concerning all aspects of the building of onshore and offshore natural gas pipelines to Thailand, with total investment of more than $600 million.

*Advised on the sale, valued at more than $350 million, of a holding company's interests in a certain oil and gas consortium and the possible tax consequences thereof, including negotiating with the Myanmar oil and gas and tax authorities, which attempted to impose a capital gains tax on such a sale.

*Counsel to various energy concerns regarding their proposed investments in Independent Power Producer (IPP) projects in Asia, including the preparation of the base documentation, the negotiation of the same with counterparts, including negotiations for the gas supply and the power purchase agreements and concessions.

*Participated in the organization of a $1.5 bb American-Saudi joint venture to build a world-class petrochemicals facility to produce Benzene and Cyclohexane, including project finance documentation, the relevant documentation, and negotiations with several Saudi Arabian government ministries.

*Represented developer of the large-scale chilled seawater HVAC system for Baha Mar development in New Providence, the Bahamas.

*Represented contractor consortium with respect to the rebuilding of the port and airport of Aden, Yemen.

*Advised on the Jebel Ali Free Port, in particular contracts on portions of port project (equipment supply, bulk terminal).

*Advised a port operating facility regarding contracts for construction of container and bulk terminals in Myanmar.

*Advised a port operating facility regarding contracts for construction of container facilities in Myanmar.

*Acted as counsel to a large industrial zone development project, a joint project of the Myanmar and Singapore governments, to build an integrated industrial zone near Yangon, Myanmar. This zone, which is more than 440 hectares in size, included its own port facilities, road grid and rail access links, water and waste infrastructure, and other infrastructure developments. The project involved drafting and advising on the zone concessions and related port concession agreements, related land leases, heads of agreement, the joint venture agreement, the financing agreements, and related security documentation, as well as the EPC agreements and investment approval related documentation.

*Acted as principal legal counsel to a major European cement and building materials concern regarding its negotiations and participation in a $150 million cement production joint venture.

*Counsel to a major European cement producer with respect to its investment in the first bulk cement terminal in Myanmar and related distribution system, including lease agreements, commercial agreements, and the acquisition of investment incentives and guarantees from the Myanmar government.

*Advised on the largest greenfield industrial estate and related port facility in Myanmar, including substantial negotiations with the Myanmar government and investors therein, and prepared documentation including various opinions, lease agreements, and commercial agreements.

*Advised a prominent Japanese trading house in regards to drafting a proposed export processing zone law for use in Myanmar. This draft law was submitted by this company to the Myanmar government in the hopes that it would be enacted and thus benefit its industrial park developments.

*Advised on the establishment of representative offices for foreign banks, joint venture banks between foreign financial institutions, and domestic banks, as well as the representative offices of foreign insurance companies and joint venture insurance companies.

*Advised a French airline on its attempted purchase of a privately owned Myanmar airline; the International European Commission rejected transaction.

*Advised aircraft manufacturers and leasing companies regarding the sale and/or lease of commercial/passenger aircraft in the Middle East and Asia.

*Advised airlines on various commercial matters including wet/dry leases, cooperation on joint venture agreements and service agreements.

*Advised consortium of international telecommunications companies in bidding for mobile telecommunications licenses in Myanmar.

*Acted as international legal counsel to a low earth orbit (LEO) telecommunications system, which subsequently acquired a satellite services operator out of bankruptcy, in regards to various commercial agreements and regulatory obligations in Northeast and Southeast Asia, including China, Vietnam, Cambodia, Myanmar, Korea (North and South), and Mongolia, among others.

*Advised a global satellite communications system in respect of regulatory, commercial, and licensing matters in Southeast Asia and Northeast Asia.

*Acted for a developer of mobile and video technologies at the core of devices, networks, and services worldwide in regard to a joint venture investment in a $250 million telecommunications production facility in Asia and in related commercial supply agreements, as well as advising on the project financing of this project.

*Acted as foreign legal counsel to the democratic opposition leader in Myanmar, and is involved (with his wife) with Myanmar community groups in the U.S.

*Advisor to the U.S. State Department and Department of Commerce regarding Myanmar, its legal system and law reform, recent political history, energy (particularly oil and gas) developments.

*Advised various international banks regarding the establishment of branch office correspondent banking relationships in Myanmar.

*Advised the world's largest beverage company on its investment in a new bottling plant in Myanmar, including U.S. economic sanctions issues, real estate, investment, and its joint venture partner.

*Advised the world's largest aerospace company on aviation-related issues in Myanmar.

*Experience gained by attorney prior to joining Kilpatrick

More
Insights
Education

University of Washington School of Law J.D. (1993) high honors

San Francisco State University B.S. (1990) magna cum laude

Admissions

District of Columbia (2022)

Oregon (2008)

Washington (1993)

Professional & Community Activities

Construction Lawyers Society of America, Fellow

Inter-Pacific Bar Association, Member

International Bar Association, Member

University of Washington School of Law, International Transactions and Practice, Lecturer (2006-Present)

University of Washington School of Law, Board of Directors of the Global Business Law Institute, Member (2018-Present)

San Francisco Economic Roundtable, Member (2019-Present)

American Wind Energy Association, Member

Geothermal Energy Association/Geothermal Resources Council, Member

Washington State Bar Association, Member

Oregon State Bar Association, Member

Energy Bar Association, Member

Oregon State Bar House of Delegates, Member (2015-Present)

E8 (formerly Element 8) (2014-Present)

Algae Biomass Organization, Co-Founder, Chair (2007, 2011-2013)

The Pacific Northwest CleanTech Open, Founder, Co-Chair (2008-2011)

Biomass Risk Rating Review Committee, Member (review of biomass-related risk factors and generate a related rating system for use by capital market participants) (2019-Present)

University Rotary Club, Member (2020-Present)

King County Boys and Girls Club, Board Member (2003-2007)

More
close
Loading...
If you would like to receive related insights and information from Kilpatrick Townsend, please provide your contact details by filling out the form and clicking “Agree.” If you would like to access the PDF only, please click “Download Only.”