Climate Change and Carbon Markets ENERGY AND CLEANTECH

Climate change developments affect companies at many different levels, requiring firms providing effective climate change legal advice to have broad, relevant experience and up-to-date knowledge. WilmerHale has seasoned lawyers that can offer a range of experience to companies facing these and other climate change issues as the United States and other countries begin to define the structure of the new, carbon-constrained future. Our clients rely on us for strategic regulatory guidance with respect to the challenges and opportunities presented by climate change, including multidimensional advice that addresses the legal, public policy, political and media aspects presented by those issues. WilmerHale lawyers with expertise in climate change are located across our 12 offices in the United States, Europe and Asia.

In addition to providing strategic regulatory advice, we counsel our clients on the significant day-to-day legal issues that arise in managing climate change issues. These issues range from participation in traditional and emerging emission trading markets, planning for and implementing programs for the timely manufacture of climate change-based products, and assisting in the pricing of potential acquisitions/divestitures or significant internal activities such as facility expansions or new construction in light of current and future carbon regulation. Our lawyers closely monitor developments-and their likely implications-here and abroad. We provide real time assessments of what is happening at the local, state and regional levels and on Capitol Hill, among key constituencies, in the campaigns, and internationally. We help management predict where things are likely to go and in what time frame. We also assist in formulating legislative and regulatory strategy, analyzing the international impacts of various legislative approaches, helping to shape legislation and regulation, and interacting with key Members of Congress, their staff and key staff in the Executive Branch agencies.

There are both well-established and nascent carbon trading markets, and early movers can take advantage of opportunities presented by participation in these markets. There continue, however, to be major challenges for companies that are or would like to participate in these systems. Our lawyers are experienced in emissions trading and can help companies navigate the new universe of carbon markets and submarkets. They also assist public companies facing increased pressure to evaluate and disclose potential risks from climate change in their corporate reporting, including the impacts of new carbon regulation, climate-related physical events, and growing demand for low-carbon technologies and products.

 

Climate change developments affect companies at many different levels, requiring firms providing effective climate change legal advice to have broad, relevant experience and up-to-date knowledge. WilmerHale has seasoned lawyers that can offer a range of experience to companies facing these and other climate change issues as the United States and other countries begin to define the structure of the new, carbon-constrained future. Our clients rely on us for strategic regulatory guidance with respect to the challenges and opportunities presented by climate change, including multidimensional advice that addresses the legal, public policy, political and media aspects presented by those issues. WilmerHale lawyers with expertise in climate change are located across our 12 offices in the United States, Europe and Asia.

In addition to providing strategic regulatory advice, we counsel our clients on the significant day-to-day legal issues that arise in managing climate change issues. These issues range from participation in traditional and emerging emission trading markets, planning for and implementing programs for the timely manufacture of climate change-based products, and assisting in the pricing of potential acquisitions/divestitures or significant internal activities such as facility expansions or new construction in light of current and future carbon regulation. Our lawyers closely monitor developments-and their likely implications-here and abroad. We provide real time assessments of what is happening at the local, state and regional levels and on Capitol Hill, among key constituencies, in the campaigns, and internationally. We help management predict where things are likely to go and in what time frame. We also assist in formulating legislative and regulatory strategy, analyzing the international impacts of various legislative approaches, helping to shape legislation and regulation, and interacting with key Members of Congress, their staff and key staff in the Executive Branch agencies.

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Experience

Recent examples of our work include:

  • We are assisting one of the largest oil and gas companies in the world on international trade/World Trade Organization and competitiveness aspects of US and foreign climate change legislation, including in the context of the ongoing legislative debate about US cap-and-trade legislation the US Congress (Waxman-Markey, Kerry/Boxer) as well as certain aspects of the UNFCCC international climate change negotiations
  • We have advised a car sharing and car club service with respect to generating, documenting and offering for sale Zero Emission Vehicle credits pursuant to the Zero Emission Vehicle program in California
  • We are advising a synthetic fuel manufacturer in connection with issues relating to the development and production of alternative fuels under various domestic climate change related programs, including the Cellulosic Fuel Producer Credit, EPA’s renewable fuels standard and regulatory requirements for alternative fuels, and related administrative and legislative developments
  • We represent a European Union-based trade association with respect to its US, EU and worldwide policy, advocacy and legal strategy in the UNFCCC climate change negotiations, with a particular focus on technology transfer and intellectual property (IP) issues
  • We advise a regional trade association in New England on environmental and energy issues in general, and specifically with respect to the development of the Regional Greenhouse Gas Initiative (RGGI) in the Northeast United States as well as domestic climate change legislative and regulatory proposals and their potential impact on companies in the New England region
  • We represent three separate investment companies on issues relating to emission trading, both domestic as well as international, and advise these companies on opportunities presented in various federal and international climate change proposals, including tax credits and incentives for the production or use of alternative fuels
  • We represent PACT, a nongovernmental organization dedicated to building empowered communities, effective governments and responsible private institutions that give people an opportunity for a better life, with respect to evaluating potential Clean Development Mechanism projects to sequester carbon or develop alternative energy sources in developing countries, including evaluating project finance options and partnerships with local capacity building organizations

Publications & News

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July 23, 2010

WilmerHale Ranks Among Vault's Top 20 Law Firms in the Nation for Sixth Consecutive Year

May 27, 2010

The Revised Massachusetts Greenhouse Gas Policy and Protocol: Potential Implementation Issues

An Update For NAIOP Massachusetts by Mark C. Kalpin.

May 20, 2010

Environmental Due Diligence Issues Update: 2010

Presentation given to the ACC Real Estate Committee by Mark Kalpin and Patrick van der Voorn.