Houston company's $1.8B project off Texas coast gets Biden administration amid environmental protests

big oil

The Sea Port Oil Terminal being developed off Freeport, Texas, will be able to load two supertankers at once, with an export capacity of 2 million barrels of crude oil per day. Photo via Getty Images

In a move that environmentalists called a betrayal, the Biden administration has approved the construction of a deepwater oil export terminal off the Texas coast that would be the largest of its kind in the United States.

The Sea Port Oil Terminal being developed off Freeport, Texas, will be able to load two supertankers at once, with an export capacity of 2 million barrels of crude oil per day. The $1.8 billion project by Houston-based Enterprise Products Partners received a deepwater port license from the Department of Transportation's Maritime Administration this week, the final step in a five-year federal review.

Environmentalists denounced the license approval, saying it contradicted President Joe Biden's climate agenda and would lead to “disastrous” planet-warming greenhouse gas emissions, equivalent to nearly 90 coal-fired power plants. The action could jeopardize Biden's support from environmental allies and young voters already disenchanted by the Democratic administration's approval last year of the massive Willow oil project in Alaska.

“Nothing about this project is in alignment with President Biden’s climate and environmental justice goals,'' said Kelsey Crane, senior policy advocate at Earthworks, an environmental group that has long opposed the export terminal.

“The communities that will be impacted by (the oil terminal) have once again been ignored and will be forced to live with the threat of more oil spills, explosions and pollution,'' Crane said. "The best way to protect the public and the climate from the harms of oil is to keep it in the ground.”

In a statement after the license was approved, the Maritime Administration said the project meets a number of congressionally mandated requirements, including extensive environmental reviews and a federal determination that the port's operation is in the national interest.

“While the Biden-Harris administration is accelerating America’s transition to a clean energy future, action is also being taken to manage the transition in the near term,'' said the agency, which is nicknamed MARAD.

The administration's multiyear review included consultation with at least 20 federal, state and local agencies, MARAD said. The agency ultimately determined that the project would have no significant effect on the production or consumption of U.S. crude oil.

“Although the (greenhouse gas) emissions associated with the upstream production and downstream end use of the crude oil to be exported from the project may represent a significant amount of GHG emissions, these emissions largely already occur as part of the U.S. crude oil supply chain,'' the agency said in an email to The Associated Press. “Therefore, the project itself is likely to have minimal effect on the current GHG emissions associated with the overall U.S. crude oil supply chain.''

Environmental groups scoffed at that claim.

“The Biden administration must stop flip-flopping on fossil fuels,'' said Cassidy DiPaola of Fossil Free Media, a nonprofit group that opposes the use of fossil fuels such as oil, coal and natural gas.

“Approving the Sea Port Oil Terminal after pausing LNG exports is not just bad news for our climate, it’s incoherent politics,'' DiPaola said. Biden “can’t claim to be a climate leader one day and then turn around and grant a massive handout to the oil industry the next. It’s time for President Biden to listen to the overwhelming majority of voters who want to see a shift away from fossil fuels, not a doubling down on dirty and deadly energy projects.''

DiPaola was referring to the administration's January announcement that it is delaying consideration of new natural gas export terminals in the United States, even as gas shipments to Europe and Asia have soared since Russia invaded Ukraine.

The decision, announced at the start of the 2024 presidential election year, aligned the Democratic president with environmentalists who fear the huge increase in exports of liquefied natural gas, or LNG, is locking in potentially catastrophic planet-warming emissions even as Biden has pledged to cut climate pollution in half by 2030.

Industry groups and Republicans have condemned the pause, saying LNG exports stabilize global energy markets, support thousands of American jobs and reduce global greenhouse emissions by transitioning countries away from coal, a far dirtier fossil fuel.

Enterprise CEO Jim Teague hailed the oil project's approval. The terminal will provide “a more environmentally friendly, safe, efficient and cost-effective way to deliver crude oil to global markets,'' he said in a statement.

The project will include two pipelines to carry crude from shore to the deepwater port, reducing the need for ship-to-ship transfers of oil. The terminal is expected to begin operations by 2027.

Since the project was first submitted for federal review in 2019, “Enterprise has worked diligently with various federal, state and local authorities, and participated in multiple public meetings that have allowed individuals and stakeholder groups to learn about the project and provide their comments,'' including some studies that have been translated into Spanish and Vietnamese, the company said in a statement. More than half of Freeport's 10,600 residents are Hispanic, according to the U.S. Census Bureau.

Sen. Ted Cruz, R-Texas, hailed the license approval as “a major victory for Texas’s energy industry" and said the Biden administration had delayed the Sea Port terminal and other projects for years.

“After tireless work by my office and many others to secure this deepwater port license, I’m thrilled that we’re helping bring more jobs to Texas and greater energy security to America and our allies,'' Cruz said in a statement. “That this victory was delayed by years of needless bureaucratic dithering shows why we need broader permitting reform in this country.''

The oil export facility, one of several license applications under federal review, is located 30 miles offshore of Brazoria County, Texas, in the Gulf of Mexico.

The license approval followed a ruling by the Fifth Circuit Court of Appeals last week dismissing claims by environmental groups that federal agencies had failed to uphold federal environmental laws in their review of the project.

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Houston renewables developer lands $85M for nationwide solar projects

fresh funding

Houston-based Catalyze, a developer of independent power systems, announced it has secured an $85 million tax equity investment from RBC Community Investments.

“RBC’s investment in this portfolio demonstrates our commitment to advancing clean energy solutions within local communities,” Jonathan Cheng, managing director at RBC, said in a news release. “We are excited to partner with Catalyze on the strategic deployment of these and future projects.”

The financing will go toward the construction and completion of 75 megawatts of commercial and industrial solar projects nationwide in 2025. Catalyze’s current generation portfolio now totals 300 megawatts of projects in operations and construction.

The transaction will help Catalyze’s existing relationship with RBC, which demonstrates a commitment to advancing renewable energy solutions at scale.

“RBC is a valued financing partner, and we are pleased to further expand our relationship with this latest investment,” Jared Haines, CEO of Catalyze, said in a news release. “This financing enables us to further our mission to bring scalable distributed generation projects to businesses and communities nationwide.”

Catalyze also has other private equity sponsors in EnCap Investments and Actis.

Last May, Catalyze announced that it secured $100 million in financing from NY Green Bank to support a 79-megawatt portfolio of community distributed generation solar projects across New York state.

UH's $44 million mass timber building slashed energy use in first year

building up

The University of Houston recently completed assessments on year one of the first mass timber project on campus, and the results show it has had a major impact.

Known as the Retail, Auxiliary, and Dining Center, or RAD Center, the $44 million building showed an 84 percent reduction in predicted energy use intensity, a measure of how much energy a building uses relative to its size, compared to similar buildings. Its Global Warming Potential rating, a ratio determined by the Intergovernmental Panel on Climate Change, shows a 39 percent reduction compared to the benchmark for other buildings of its type.

In comparison to similar structures, the RAD Center saved the equivalent of taking 472 gasoline-powered cars driven for one year off the road, according to architecture firm Perkins & Will.

The RAD Center was created in alignment with the AIA 2030 Commitment to carbon-neutral buildings, designed by Perkins & Will and constructed by Houston-based general contractor Turner Construction.

Perkins & Will’s work reduced the building's carbon footprint by incorporating lighter mass timber structural systems, which allowed the RAD Center to reuse the foundation, columns and beams of the building it replaced. Reused elements account for 45 percent of the RAD Center’s total mass, according to Perkins & Will.

Mass timber is considered a sustainable alternative to steel and concrete construction. The RAD Center, a 41,000-square-foot development, replaced the once popular Satellite, which was a food, retail and hangout center for students on UH’s campus near the Science & Research Building 2 and the Jack J. Valenti School of Communication.

The RAD Center uses more than a million pounds of timber, which can store over 650 metric tons of CO2. Aesthetically, the building complements the surrounding campus woodlands and offers students a view both inside and out.

“Spaces are designed to create a sense of serenity and calm in an ecologically-minded environment,” Diego Rozo, a senior project manager and associate principal at Perkins & Will, said in a news release. “They were conceptually inspired by the notion of ‘unleashing the senses’ – the design celebrating different sights, sounds, smells and tastes alongside the tactile nature of the timber.”

In addition to its mass timber design, the building was also part of an Energy Use Intensity (EUI) reduction effort. It features high-performance insulation and barriers, natural light to illuminate a building's interior, efficient indoor lighting fixtures, and optimized equipment, including HVAC systems.

The RAD Center officially opened Phase I in Spring 2024. The third and final phase of construction is scheduled for this summer, with a planned opening set for the fall.

Experts on U.S. energy infrastructure, sustainability, and the future of data

Guest column

Digital infrastructure is the dominant theme in energy and infrastructure, real estate and technology markets.

Data, the byproduct and primary value generated by digital infrastructure, is referred to as “the fifth utility,” along with water, gas, electricity and telecommunications. Data is created, aggregated, stored, transmitted, shared, traded and sold. Data requires data centers. Data centers require energy. The United States is home to approximately 40% of the world's data centers. The U.S. is set to lead the world in digital infrastructure advancement and has an opportunity to lead on energy for a very long time.

Data centers consume vast amounts of electricity due to their computational and cooling requirements. According to the United States Department of Energy, data centers consume “10 to 50 times the energy per floor space of a typical commercial office building.” Lawrence Berkeley National Laboratory issued a report in December 2024 stating that U.S. data center energy use reached 176 TWh by 2023, “representing 4.4% of total U.S. electricity consumption.” This percentage will increase significantly with near-term investment into high performance computing (HPC) and artificial intelligence (AI). The markets recognize the need for digital infrastructure build-out and, developers, engineers, investors and asset owners are responding at an incredible clip.

However, the energy demands required to meet this digital load growth pose significant challenges to the U.S. power grid. Reliability and cost-efficiency have been, and will continue to be, two non-negotiable priorities of the legal, regulatory and quasi-regulatory regime overlaying the U.S. power grid.

Maintaining and improving reliability requires physical solutions. The grid must be perfectly balanced, with neither too little nor too much electricity at any given time. Specifically, new-build, physical power generation and transmission (a topic worthy of another article) projects must be built. To be sure, innovative financial products such as virtual power purchase agreements (VPPAs), hedges, environmental attributes, and other offtake strategies have been, and will continue to be, critical to growing the U.S. renewable energy markets and facilitating the energy transition, but the U.S. electrical grid needs to generate and move significantly more electrons to support the digital infrastructure transformation.

But there is now a third permanent priority: sustainability. New power generation over the next decade will include a mix of solar (large and small scale, offsite and onsite), wind and natural gas resources, with existing nuclear power, hydro, biomass, and geothermal remaining important in their respective regions.

Solar, in particular, will grow as a percentage of U.S grid generation. The Solar Energy Industries Association (SEIA) reported that solar added 50 gigawatts of new capacity to the U.S. grid in 2024, “the largest single year of new capacity added to the grid by an energy technology in over two decades.” Solar is leading, as it can be flexibly sized and sited.

Under-utilized technology such as carbon capture, utilization and storage (CCUS) will become more prominent. Hydrogen may be a potential game-changer in the medium-to-long-term. Further, a nuclear power renaissance (conventional and small modular reactor (SMR) technologies) appears to be real, with recent commitments from some of the largest companies in the world, led by technology companies. Nuclear is poised to be a part of a “net-zero” future in the United States, also in the medium-to-long term.

The transition from fossil fuels to zero carbon renewable energy is well on its way – this is undeniable – and will continue, regardless of U.S. political and market cycles. Along with reliability and cost efficiency, sustainability has become a permanent third leg of the U.S. power grid stool.

Sustainability is now non-negotiable. Corporate renewable and low carbon energy procurement is strong. State renewable portfolio standards (RPS) and clean energy standards (CES) have established aggressive goals. Domestic manufacturing of the equipment deployed in the U.S. is growing meaningfully and in politically diverse regions of the country. Solar, wind and batteries are increasing less expensive. But, perhaps more importantly, the grid needs as much renewable and low carbon power generation as possible - not in lieu of gas generation, but as an increasingly growing pairing with gas and other technologies. This is not an “R” or “D” issue (as we say in Washington), and it's not an “either, or” issue, it's good business and a physical necessity.

As a result, solar, wind and battery storage deployment, in particular, will continue to accelerate in the U.S. These clean technologies will inevitably become more efficient as the buildout in the U.S. increases, investments continue and technology advances.

At some point in the future (it won’t be in the 2020s, it could be in the 2030s, but, more realistically, in the 2040s), the U.S. will have achieved the remarkable – a truly modern (if not entirely overhauled) grid dependent largely on a mix of zero and low carbon power generation and storage technology. And when this happens, it will have been due in large part to the clean technology deployment and advances over the next 10 to 15 years resulting from the current digital infrastructure boom.

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Hans Dyke and Gabbie Hindera are lawyers at Bracewell. Dyke's experience includes transactions in the electric power and oil and gas midstream space, as well as transactions involving energy intensive industries such as data storage. Hindera focuses on mergers and acquisitions, joint ventures, and public and private capital market offerings.

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