biofuels

The commitment of the global community to reduce the world’s reliance on fossil
fuels has resulted in a worldwide push to discover, manufacture and distribute viable
and efficient biofuels. DLA Piper regularly helps biofuel companies throughout the
world obtain financing, structure strategic alliances, negotiate supply and distribution
agreements, protect and license technology and carry out acquisitions and divestitures.

We are well positioned to assist biofuel companies
through our established and active energy practice,
through which we are experienced in representing both
industry leaders and start-ups, and through our strong
ties to key government agencies, through which we help
biofuel companies capitalize on emerging legislation
and governmental initiatives favoring the renewable
energy sector.
Our lawyers have a solid background in many of
the regulatory issues that affect the biofuel industry.
Our Washington DC-based Government Affairs practice
(ranked “one of the most high powered and high-profile
lobbying shops in the nation’s capital” by The National
Law Journal) has substantial experience with
biofuels—particularly biodiesel fuel—and has worked
on all of the legislation and federal regulations that apply
to biodiesel, including representation before various
congressional committees (energy, tax and agriculture),
the Environmental Protection Agency, the Internal Revenue
Service, Customs and the Federal Trade Commission.
Our lawyers and consultants include former members of
congress, state governors, senior White House staff and
other elected officials, many of whom played key roles
in the development and restructuring of the laws shaping
regulation of the energy industry.
In addition, through our offices in DC and in Brussels,
we have specific experience on the Renewable Energy
Directive and the Fuel Quality Directive, and we have
established contacts with the European Commission
and European Parliament in these areas.
Our experience includes
■■ Representing Imperium Renewables in a series of
financings, including a US $120m Series B financing.
We also represented them in an S-1 filing (the IPO
was withdrawn) and in a 2008 recapitalization and
restructuring transaction.
■■ Representing Kreido Biofuels, Inc. in the negotiation
of 3 leases for biofuel facility production and shipping,
including the use of docks and pipelines for water
shipments and the negotiation of supply and
production sales agreements, and in the sale of its
STT Technology, STT reactors and biodiesel production
plant equipment to Four Rivers BioEnergy, Inc.

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■■ Representing a UK based investor in connection with ■■ Representing an ethanol company, from project
the proposed purchase of an ethanol project located inception to full-capacity operation, in the
in South Dakota. establishment of the first farmer-owned ethanol
production facility in the US, including counsel
■■ Representing the venture capital arm of a UK bank
on project finance, construction contracts, carbon
in the restructuring of debt of a UK biofuel production
dioxide production contracts, dry and wet feed
company in exchange for a majority equity interest
contracts, environmental regulation and negotiations,
in the company’s trading subsidiary.
federal and state litigation, and compliance issues
■■ Representing Future Capital Partners Limited with involving air emissions and wastewater control.
respect to the financing and promotion of Ethanol
■■ Representing the owner of a 5 million gallon per year
Ventures Limited, a UK company that aims to add
ethanol production facility in Wyoming in connection
significant capacity to the UK and European road
with (i) the public offering of shares of the parent
biofuels market by delivering at least 378 million litres
company on the AIM exchange in London to raise
a year of bioethanol from two UK facilities beginning
development and construction capital and (ii) a
in 2010. We advised Future Capital in connection
project financing to fund the expansion of the facility
with the first-stage fundraising for the project and
to 12 million gallons per year and for general
are advising on the second stage fundraising to
corporate purposes.
complete construction and development of the two
bioethanol plants. ■■ Representing an investor-group in the development
and financing of an ethanol facility for a Minnesota
■■ Representing a biofuel company in its purchase of
farm cooperative.
intellectual property and assets from another biofuel
company in a cash and stock transaction. ■■ Representing GreenHunter Energy, Inc. in matters
involving the energy bill under discussion in Congress,
■■ Advising a power plant developer on a biofuels
particularly on how to protect the tax credit for the
project in Southern California on issues including
biodiesel industry, and in two additional legal projects.
entitlements, permits, California Environmental
Quality issues and local government relations. ■■ Representing a number of large buyers of ethanol
and biofuels, engaging in the blending of these fuels
■■ Representing the owner-developer in connection with
with conventional petroleum products, on appropriate
an approximately US $60 million project financing
registrations and authorizations at the federal and state
and partial refinancing of a portfolio of two ethanol
level, particularly with the Environmental Protection
projects located in Wyoming and Idaho totaling
Agency and the Internal Revenue Service.
32 million gallons per year of production.
■■ Facilitating contact on behalf of a biofuel producer
■■ Representing Balkan Ventures LLC, the subordinated
with the rapporteurs (key Parliamentarians influencing
lender in an approximately US $150 million aggregate
energy laws in Brussels).
project finance loan facility. The proceeds from the
loan facility were used by the borrower, Hereford ■■ Representing a company that manufactures, installs
Biofuels, L.P., for the construction of a biomass- and operates bio fuel power plants in Europe and Asia
fueled 105 million gallon-per-year denatured ethanol in a proposed US equity offering.
production facility, located in Hereford, Texas.

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■■ Representing Brasil Ecodiesel in connection with
a US $170 million 144A/Regulation S offering of
ordinary shares and American Depositary Shares.
■■ Representing Pure Biofuels Corp., a Peruvian biodiesel
production and distribution company, in a series
of financings by affiliates of Plainfield Asset
Management totaling US $53 million; the proceeds
from the financings are being used to complete
construction and development of two biodiesel plants
in Peru.
■■ Representing the developer of a resource recovery
facility in Florida and Louisiana, using sugar cane
for the production of ethanol and power.
■■ Representing a global European-based seed company,
which also produces and sells amylase-treated grain,
in negotiating a design and construction contract in the
US for a machine to deliver measured quantities of this
grain into existing ethanol production facilities.
■■ Representing a bio-product supplier and the landlord
of a bio-product refinery in the Midwest in the
negotiation, preparation, execution and implementation
of a long-term lease and product supply agreement
from an affiliate of the landlord; also coordinated
the environmental aspects and permitting; proposed
additional new construction for refinery expansion
and modernization and tank storage areas; and new
dockage and US Coast Guard and Army Corps
of Engineers oversight approvals of same.
■■ Representing a biofuel producer in a series on
transactions, including the negotiation and preparation
of long-term leases of biofuel production facilities,
as well as the negotiation of a port access use and
agreement with a state economic development agency,
an access, use and storage facility license agreement
for a dock and transfer station and a supply agreement
for biofuels.
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■■ Representing a US developer in connection with
the development of three biodiesel projects in
Massachusetts and New York.
■■ Representing a US trading company in establishing
an ethanol trading desk, including the creation
of standard templates for the purchase and sale
of ethanol both on a long-term and spot basis, analysis
of hedging techniques and transportation agreements.
■■ Representing a global investment bank as sponsor in
connection with the development and project financing
of three approximately 100 million gallon per year
ethanol production facilities in the US.
■■ Representing Renova Energy, Inc., and two of
its subsidiaries, in their chapter 11 reorganization
proceedings in the United States Bankruptcy Court
for the District of Wyoming; the companies are part of
a complex ethanol production and distribution network
based in the Rocky Mountain Region of
the United States.
■■ Representing a developer of next-generation biofuels
in the review of competitor biofuel technology
patent portfolios.
■■ Representing the Scripps Research Institute in
connection with intellectual property exclusively
licensed to biofuel company Sapphire Energy.
■■ Representing Diversa (now Verenium Corporation),
which develops and commercializes cellulosic ethanol,
obtaining patents to their specialty enzymes and other
materials used currently in their industrial processing
and biofuels programs.
■■ Representing AgriPower, Inc., a company that uses
biomass to produce clean energy and remove biomass
waste in an environmentally friendly manner, in their
intellectual property matters.
DLA Piper llp ( us )
■■ Representing a US energy company in a structured ■■ Representing BioMCN, a Dutch company
financing for the construction of a series of ethanol specializing in the production of bio-methanol,
production plants and related marine facilities in Brazil, in connection with the start-up of a new production
including work on a long-term off-take agreement. plant. The representation includes assisting the
managing directors regarding their relationship with
■■ Counseling Topell B.V., the world’s first large scale
company shareholders and the supervisory board,
manufacturer of torrefied pellets, on the land options
director liability issues and the financing of the new
to be obtained for the construction of a bioethanol
production plant.
facility and environmental law aspects.
■■ Represented Abengoa Bioenergía, a major Spanish
■■ Representing a company in connection with potential
leader in the production of biofuels, in connection
patent infringement, patent opposition, breach of
with the financing, provided by a syndicate of banks,
confidence and breach of contract claims against one
for the construction of a bioethanol plant located
of the world’s largest oil and gas companies.
in the Netherlands.
■■ Representing Leysen N.V., a Belgium company, in
■■ Represented a US manufacturing subsidiary and its
connection with its investment in a jatropha power
parent Malaysian palm oil supplier in negotiation of
plant project in Thailand. The project includes setting
a lease with construction of a palm oil biofuel refinery
up power plant companies for blending oil from
and a supply agreement for a long-term supply
jatropha’s seeds for domestic sale and export and sale
of palm oil.
and export of its residue of seeds after blending.
In addition, we are advising the client on obtaining a ■■ Representing the developer of a bagasse facility
promotion license from the Thai Board of Investment, in Brazil.
corporate and tax structure of the project, and ■■ Represented an ethanol company in multi-year
regulatory issues with their day to day operation.
environmental regulatory issues involving prevention
■■ Representing a UK-based investor on the acquisition of significant deterioration in a rural attainment area,
of a portfolio of innovative biofuel and biotech Title V compliance, and engineering alterations
companies resident in Germany, the US, the UK, to create synthetic minor status.
Israel and Paraguay.
■■ Advising on the creation of a joint venture between
an operator and a biofuel producer for the exploitation
of several new co-generation power plants in
Belgium. We also drafted and negotiated the biofuel
supply agreements.
■■ Representing J&S Energy, part of the largest
independent importer of fuels to Poland, in connection
with tax incentives applicable to biofuels in Poland.

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About us For more information
DLA Piper is an international legal practice with To learn more about DLA Piper, visit www.dlapiper.com
lawyers across Asia, Europe, the Middle East and or contact:
the United States.
From the quality of our legal advice and business Robert J. Gruendel
insight to the efficiency of our legal teams, we believe T +1 212 335 4736
that when it comes to the way we serve and interact robert.gruendel@dlapiper.com
with our clients, everything matters.

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DLA Piper is an international legal practice including DLA Piper llp (us) and its affiliated entities. Note past results are not guarantees of future results.
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