Peck Hayne’s practice centers on oil and gas, pipeline and other energy-related transactions and regulation and on appellate litigation in energy- and property-related matters.
Peck regularly negotiates, drafts and advises clients on complex purchase and sale agreements, operating agreements, mineral leases, 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. He is also brushing up on many of Chopin’s preludes to play this upcoming summer in Mallorca, where Chopin composed them.
Practices:
- Appellate
- Bankruptcy, Restructuring and Creditors’ Rights
- Oil, Gas and Energy Regulatory
- Oil, Gas and Energy Litigation and Arbitration
- Oil, Gas and Energy Transactions
- Real Estate and Commercial Leasing
- Pipeline, Storage and Transmission
- Oilfield Service Company Transactions and Litigation
- Title Services
- Business Transactions and Entity Formation and Governance
- Commercial Financing and Secured Transactions
- Mergers, Acquisitions and Divestitures
Industries:
- Banking
- Energy and Natural Resources
- Industrial, Chemical and Manufacturing
- Real Estate
- Telecommunications and Utilities Transportation
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
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
Affiliations:
- Professional Landmen’s Association of New Orleans (PLANO)
- Peck regularly represents clients through The Pro Bono Project.
Recognition:
- Louisiana Supreme Court Committee on Bar Admissions – Director of Testing; former Civil Code I Examiner
- AV Rated by Martindale-Hubbell American Bar Foundation (since 2015)
- Special Award by Petroleum Landmen’s Association of New Orleans (2016)
- Pro Bono Century Award by the Louisiana State Bar Association (2011)
- Pro Bono Publico Award by the Louisiana State Bar Association (2003)
- New Orleans Magazine “Top Lawyers” – Energy Law; Oil & Gas Law (since 2013)
- Best Lawyers in America – Energy Law; Oil and Gas Law (since 2008)
- Chambers USA – Energy & Natural Resources (since 2012)
- Louisiana Super Lawyers – Energy & Natural Resources (2007, 2008, 2010-2018); Rated as among top 50 lawyers in Louisiana (2015)
Publications:
- U.S. 5th Circuit Rejects OCSLA-Based Criminal Charges Against Contractors, Drill Deeper Blog, 2017
- BSEE Finally Allows Pipeline ROWs To Be Co-Owned, Drill Deeper Blog, 2017
- BSEE Extends Time OCS Lease Remains in Effect after Cessation of Operations or Production, Drill Deeper Blog, 2017
- UPDATE: BOEM Withdraws Sole Liability Orders Issued Under NTL 2016-01, Drill Deeper Blog, 2017
- BOEM Delays NTL 2016-01 for Non-Sole Liability Properties, Drill Deeper Blog, 2017
- Protecting Operators Who Act In Reliance on an Order of the Commissioner of Conservation, Drill Deeper Blog, 2016
- Proposed Changes to Louisiana State Lease Form, Presenter, Gordon Arata Annual Duck Lunch and Seminar, October 2016
- BOEM Issues NTL Implementing Major Changes to Its Financial Security Requirements for the OCS, Drill Deeper Blog, 2016
- Louisiana Supreme Court Denies Writs, Drill Deeper Blog, 2016
- Approval of New State Lease Form Delayed, Drill Deeper Blog, 2015
- BOEM Proposes Major Changes to its Financial Security Requirements for the OCS, Drill Deeper Blog, 2015
- 5th Circuit Slaps Down Another Oil and Gas Insurer for Denying Coverage, Drill Deeper Blog, 2015
- 5th Circuit Broadens Insurance Coverage for Many E&P Companies, Drill Deeper Blog, 2014
- Outer Continental Shelf Leases and Operating Regulations (Ch. 25) in Law of Federal Oil and Gas Leases (Rocky Mtn. Min. L. Found. and LexisNexis)
- Oil and Gas, 34 Texas Tech L. Rev. 819, 2003
- 5th Circuit Symposium: Oil and Gas, 46 Loyola L. Rev. 1199, 2000
- 5th Circuit Symposium: Oil and Gas, 44 Loyola L. Rev. 519, 1998
- State Regulation of Pipelines (Ch. 6) in Energy Law and Transactions (Matthew Bender)