Climate Change and Sustainability

We helped the U.S. Department of Energy provide technical assistance to state and local governments in developing financing mechanisms to promote clean energy and energy efficiency. We assisted in the development of innovative financing structures, such as sustainable energy utilities and PACE programs. And we routinely guide municipalities in preparing for the risks associated with climate change and factoring those considerations into their municipal disclosures and planning. We stood behind the City of Philadelphia as it developed financing tools to implement its Green City/Clean Waters program, utilizing green infrastructure to manage impacts from stormwater infiltration into the City sewers.

The team has represented clients in litigation involving greenhouse gas emissions in the D.C. Circuit and the U.S. Supreme Court, including the representation of leading world climate scientists who appeared as amici in Massachusetts v. EPA. We have represented leading clean energy utilities at all stages in litigation supporting major air rules imposing costs on emissions of pollutants from the power industry, including EME Homer City v. EPA and Michigan v. EPA. We are working with a variety of clients in assessing and commenting on states’ efforts to implement federal climate requirements.

Our work includes all forms of fossil fuel-based and nuclear facilities, as well as alternative energy projects, such as waste-to-energy biomass and renewable energy developments. We advise on:

• Opportunities and challenges presented by emerging laws and regulations
• Strategies for capturing opportunity and reducing emissions
• Regulatory compliance and ESG reporting
• Permits, approvals, development issues, and financing
• Development of state, regional, and local climate policies
• Registering and trading carbon reduction and renewable energy credits in regulated and unregulated markets
• Disclosure of climate change risks under securities laws
• Public-private partnerships
• Green building and infrastructure financing and development
• Tax credits and government incentives
• Product labeling and certification