C. Peck Hayne Jr.
C. Peck Hayne Jr.

C. Peck Hayne Jr.

Member

phayne@gamb.com504.569.1858

201 St. Charles Avenue
40th Floor
New Orleans, LA 70170

504.569.1858 | phayne@gamb.com

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admissions

  • Louisiana
  • Texas
  • New York
  • U.S. Supreme Court
  • U.S. Court of Appeals, 5th Circuit
  • U.S. Court of Appeals, D.C. Circuit
  • U.S. District Court, Eastern District of LA
  • U.S. District Court, Middle District of LA
  • U.S. District Court, Western District of LA

education

  • New York University, J.D. 1987
  • Yale University, B.A. summa cum laude 1984

judical clerkships

Honorable Charles Schwartz Jr., U.S. District Court, Eastern District of LA, 1987-1988

Honorable Patrick E. Carr, U.S. District Court, Eastern District of LA, 1988-1991

Peck Hayne’s practice centers on energy-related transactions and regulation and on appellate litigation in energy- and property-related matters, including construction and development issues.

Chambers USA: America's Leading Lawyers for Business has again ranked Peck for Energy & Natural Resources: Oil & Gas in 2023, noting that he is "[w]ell regarded for his transactional expertise." Chambers quotes a source as saying, "Peck is a substantive expert. He is always prompt, reliable and an excellent drafter."

Peck regularly negotiates, drafts and advises clients on complex purchase and sale agreements, operating agreements, mineral leases, carbon sequestration agreements, right-of-way agreements, master service agreements, master time charters, transportation and interconnection agreements, gas storage agreements and production payments as well as settlement agreements in complex litigation and other disputes.  He also frequently renders title opinions on complex petroleum titles in Louisiana and on the Outer Continental Shelf (OCS) and assists both lenders and borrowers in the financing of onshore and offshore oil and gas properties.  He also frequently represented trustees, debtors-in-possession and creditors in oil and gas bankruptcy cases.

He has represented hundreds of clients in the oil, gas, energy and transportation industries before the BOEM, BSEE, LPSC, and Louisiana Department of Natural Resources among other federal and state agencies.  This advice and representation includes transportation, gathering, sale, tariff and pipeline safety issues for both oil and gas; LNG, gas and liquid hydrocarbon storage; accounting audits; audits of unclaimed mineral proceeds; and operations on the OCS for offshore leases and rights-of-way.  He has also given expert testimony in federal and state courts on Louisiana title issues.  He helped draft the Louisiana Public Service Commission’s general order for oil pipelines.

Peck is the Director of Testing for the Louisiana Supreme Court's Committee on Bar Admission and had been its Examiner for Civil Code I on persons and property.  Peck drafted the post-conviction habeas petition that ultimately led to the United States Supreme Court’s setting aside the death penalty for Kevan Brumfield.  Currently, Peck is busy trying to memorize all 48 preludes and fugues in the two books of Bach’s piano masterpiece The Well-Tempered Clavier.

  • Negotiated numerous underground storage agreements (for natural gas, liquid hydrocarbons and hydrogen) and carbon sequestration agreements.
  • Represented chemical plants in connection with long-term investment goals, including acquiring property for expansion, selling property for capital and negotiating dozens of servitude agreements and similar critical agreements.
  • Represent oil pipeline and trucking companies with regulatory issues before the Louisiana Public Service Commission (LPSC). Helped draft the LPSC’s general order for oil pipelines.  Have handled novel issues before the LPSC, including obtaining the first tariff exception for a pipeline segment previously subject to an LPSC tariff and merger issues for LPSC permits with only intermittent use.
  • Represented scores of buyers and sellers (including publicly traded companies, privately held companies, start-up companies, master limited partnerships, special purpose entities owned by private equity interests and otherwise) in over several billion dollars of purchases and sales of mineral leases and other exploration and production assets (including through asset sales, asset exchanges, stock transfers, mergers and otherwise)
  • Negotiation of leases, rights-of-way and related agreements, and provide regulatory advice for numerous pipeline systems and hydrocarbon storage and carbon sequestration projects in Louisiana
  • Represented chemical companies at various locations in Louisiana in negotiating multiple, complex, interrelated servitude (right-of-way easement) agreements.
  • Represented a developer with regard to its large-scale storage hub and carbon sequestration project in Louisiana.
  • Represented a midstream energy provider in its strategic plan to acquire and provide additional, alternative access to onshore oil trading hubs from various fields in the federal portion of the Gulf of Mexico and in expanding its crude-oil terminal in Louisiana.
  • Represented an oilfield services client in obtaining Louisiana regulatory approval (including primarily from the Louisiana Public Service Commission (LPSC) and the Louisiana Department of Environmental Quality (LDEQ)) for various subsidiaries to merge into a single subsidiary.  This approval involved novel issues relating to LPSC permits with only intermittent use.
  • Represented an oil and gas company owned by a private equity firm in a Rule 144A offering secured by mineral leases in Louisiana and on the OCS offshore Louisiana and Texas
  • Borrower's counsel to numerous oil and gas companies
  • Lender's counsel for numerous oil and gas financings
  • Title opinions for myriads of federal OCS leases and tracts throughout Louisiana
  • Drafted and negotiated hundreds of master service agreements and master time charters
  • Represented numerous regulated companies for tariff approvals, tariff exceptions and other matters before the Louisiana Public Service Commission (including the first successful application for converting transportation service from tariff service to a tariff exception)

REPRESENTATIVE CASES

  • TOTAL E&P USA, INC. v. Kerr-McGee Oil & Gas Corp., Nos. 09–6644, 10–0160, 2014 WL 5500308 (E.D. La. Oct. 30, 2014)
  • Clovelly Oil Co., LLC v. Midstates Petroleum Co., LLC, 2012-2055 (La. 3/19/13); 112 So.3d 187
  • Haspel & Davis Milling & Planting Co. v. Board of Comm’rs of Orleans Levee Dist., 493 F.3d 570 (5th Cir. 2008)
  • CLK Co. v. CXY Energy Inc., 2007-834 (La. App. 3 Cir. 12/19/07); 972 So.2d 1280, writ denied, 2008-0140 (La. 3/14/08); 977 So.2d 932, and writ denied, 2008-0207 (La. 3/14/08); 977 So.2d 937
  • In re Biloxi Casino Belle Inc. (First American Title Insurance Co. v. First Trust National Ass’n), 368 F.3d 491 (5th Cir. 2004)
  • Simmons v. Templeton, 96-0592 (La. App. 4 Cir. 11/27/96); 684 So.2d 529, writ denied, 96-3089 (La. 2/7/97); 688 So.2d 508, appeal after remand, 97-2349 (La.App. 4 Cir. 11/10/98); 723 So.2d 1009, writ denied, 98-3050 (La. 2/5/99); 738 So.2d 4, and writ denied, 98-3060 (La. 2/5/99); 738 So.2d 5 (La. App. 4th Cir. 1998),writs denied, 738 So.2d 4-5 (La. 1999), appeal after further remand, 1999-1978 (La.App. 4 Cir. 4/12/00); 762 So.2d 63.
  • In re Cajun Electric Power Cooperative, Inc., 69 F.3d 746 (5th Cir. 1995), on reh’g, 74 F.3d 599 (5th Cir.), cert. denied, 117 S. Ct. 51 (1996)

  • Professional Landmen’s Association of New Orleans (PLANO)
  • Peck regularly represents clients through The Pro Bono Project.

  • Ranked in Chambers USA, Energy & Natural Resources, 2012 to Present
  • Listed in The Best Lawyers in America® for Energy Law, Natural Resources Law and Oil and Gas Law, 2008 to Present
  • New Orleans CityBusiness Leadership in Law Award, 2021
  • Louisiana Supreme Court Committee on Bar Admissions – Director of Testing; former Civil Code I Examiner
  • Rated Martindale-Hubbell® A-V Preeminent™
  • American Bar Foundation, 2015 to Present
  • Recipient of the Special Award by Petroleum Landmen's Association of New Orleans, 2016
  • Recipient of the Pro Bono Century Award by the Louisiana State Bar Association, 2011
  • Recipient of the Pro Bono Publico Award by the Louisiana State Bar Association, 2003
  • Named a New Orleans Magazine Top Lawyer - Energy Law; Oil and Gas Law, since 2013
  • Selected to Louisiana Super Lawyers, Super Lawyers (Thomson Reuters), 2007, 2008, 2010 to Present

NEWS

PUBLICATIONS

Peck Hayne’s practice centers on energy-related transactions and regulation and on appellate litigation in energy- and property-related matters, including construction and development issues.

Chambers USA: America's Leading Lawyers for Business has again ranked Peck for Energy & Natural Resources: Oil & Gas in 2023, noting that he is "[w]ell regarded for his transactional expertise." Chambers quotes a source as saying, "Peck is a substantive expert. He is always prompt, reliable and an excellent drafter."

Peck regularly negotiates, drafts and advises clients on complex purchase and sale agreements, operating agreements, mineral leases, carbon sequestration agreements, right-of-way agreements, master service agreements, master time charters, transportation and interconnection agreements, gas storage agreements and production payments as well as settlement agreements in complex litigation and other disputes.  He also frequently renders title opinions on complex petroleum titles in Louisiana and on the Outer Continental Shelf (OCS) and assists both lenders and borrowers in the financing of onshore and offshore oil and gas properties.  He also frequently represented trustees, debtors-in-possession and creditors in oil and gas bankruptcy cases.

He has represented hundreds of clients in the oil, gas, energy and transportation industries before the BOEM, BSEE, LPSC, and Louisiana Department of Natural Resources among other federal and state agencies.  This advice and representation includes transportation, gathering, sale, tariff and pipeline safety issues for both oil and gas; LNG, gas and liquid hydrocarbon storage; accounting audits; audits of unclaimed mineral proceeds; and operations on the OCS for offshore leases and rights-of-way.  He has also given expert testimony in federal and state courts on Louisiana title issues.  He helped draft the Louisiana Public Service Commission’s general order for oil pipelines.

Peck is the Director of Testing for the Louisiana Supreme Court's Committee on Bar Admission and had been its Examiner for Civil Code I on persons and property.  Peck drafted the post-conviction habeas petition that ultimately led to the United States Supreme Court’s setting aside the death penalty for Kevan Brumfield.  Currently, Peck is busy trying to memorize all 48 preludes and fugues in the two books of Bach’s piano masterpiece The Well-Tempered Clavier.

Honorable Charles Schwartz Jr., U.S. District Court, Eastern District of LA, 1987-1988

Honorable Patrick E. Carr, U.S. District Court, Eastern District of LA, 1988-1991

  • Appellate
  • Bankruptcy, Restructuring and Creditors' Rights
  • Business Transactions and Entity Formation and Governance
  • Commercial Financing and Secured Transactions
  • Mergers, Acquisitions and Divestitures
  • Oil, Gas and Energy Litigation and Arbitration
  • Oil, Gas and Energy Regulatory
  • Oil, Gas and Energy Transactions
  • Oilfield Service Company Transactions and Litigation
  • Pipeline, Storage and Transmission
  • Real Estate and Commercial Leasing
  • Renewable Energy
  • Title Services
  • Banking
  • Chemical, Industrial and Manufacturing
  • Energy and Natural Resources
  • Real Estate
  • Telecommunications and Utilities
  • Transportation
  • REPRESENTATIVE CASES

    NEWS

    PUBLICATIONS