Joseph R. Herbster (Joe)

Of Counsel

Houston + 1.832.239.3733

Joe Herbster counsels and defends energy, petrochemical, warehousing, logistics, manufacturing, marine terminal, and retail clients on a broad array of environmental, health, and safety (EHS) issues at the state and federal levels.

Joe's practice spans environmental diligence and transactional support, compliance counseling, investigation defense, and dispute resolution. He supports the creation, acquisition, and divestiture of significant assets across the country, including joint ventures, new facilities, and major modifications. He advises clients on myriad environmental issues, including Clean Air Act permitting and enforcement and Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) site remediation management and contribution claims.

Joe's experience includes strategic EHS support in emerging and evolving areas. For example, Joe advises project developers and sponsors on the environmental and social dimensions of project financings, including the review of environmental and social impact assessments (ESIAs) prepared for proposed energy and infrastructure projects. He works with technical consultants and lenders to evaluate ESIAs and structure mitigation plans to meet the requirements of national permitting regimes and standards imposed by international financial institutions and Equator Principles signatory banks.

Joe also maintains a robust Occupational Safety and Health Administration (OSHA) practice, including compliance counseling in areas such as process safety management (PSM) systems, powered industrial truck and fall protection standards, lockout/tagout, ergonomics, and safety culture. In addition, he frequently provides on-site crisis management support for fatality accidents and catastrophic releases in a variety of industrial settings.

Joe is actively involved in pro bono matters with a focus on strengthening our criminal justice system. He volunteers with the Texas Department of Criminal Justice and Kairos Prison Ministry International.

Experiencia

  • Leading global provider of hyperscale data center campuses obtains $400 million secured equipment financing facilityJones Day advised a leading global provider of hyperscale data center campuses, together with its affiliates, in connection with a $400 million secured equipment financing facility, consisting of two tranches of $85 million and $315 million, respectively.
  • SER Capital Partners sells Perfect Power to FIC PartnersJones Day advised SER Capital Partners in the sale of Perfect Power LLC, a developer, owner, and operator of the Jaguar Energy Center, a grid-interconnected battery energy storage and solar platform with up to 1.15 GW of planned capacity across approximately 4,500 acres, to an affiliate of FIC Partners Management, LP, an investment firm with a focus on critical infrastructure assets across the energy and power use value chains.
  • MPLX sells Uinta and Green River basin gathering and processing assets for $1 billionJones Day advised MPLX LP (NYSE: MPLX) and certain of its affiliates in the $1 billion sale of Uinta and Green River basin gathering and processing assets to a subsidiary of Harvest Midstream, a privately held midstream service provider.
  • National Fuel acquires CenterPoint’s Ohio natural gas utility business for $2.62 billionJones Day is advising National Fuel Gas Company in the $2.62 billion acquisition of CenterPoint’s Ohio natural gas utility business from CenterPoint Energy Resources Corp., a subsidiary of CenterPoint Energy, Inc. (NYSE: CNP).
  • SER Capital Partners portfolio company acquires TechSmart International and Integrated Recycling TechnologiesJones Day advised SER Capital Partners in the acquisition by portfolio company, Paladin EnviroTech, of TechSmart International, LLC and Integrated Recycling Technologies.