Climate Change: Carbon Policy, Regulation and Legislation
We advise clients on legislative and regulatory developments at the federal and state levels.
Representative Experience
Federal
The Firm filed comments in all of the major EPA GHG regulatory dockets.
- Testimony before Subcommittee on Energy and Power of the House Energy and Commerce Committee on bill to foreclose EPA GHG regulation, February 9, 2011
- Comments in opposition to petition to consider GHG emissions in coal leasing, February 16, 2010
- Petition for Reconsideration of EPA Endangerment Finding, February 11, 2010
- Comments on EPA tailoring rule, December 28, 2009
- Comments on EPA Johnson Memorandum Reconsideration, December 7, 2009
- Comments of American Farm Bureau et al on EPA Endangerment Finding, June 23, 2009
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Firm attorneys have testified on climate change matters before congressional committees on multiple occasions [see testimonies]
The firm is a leader on legal issues presented by potential EPA regulation of greenhouse gases under the Clean Air Act [see legal analysis].
The firm closely monitors and advises clients on national legislative developments on climate change issues.
Firm attorneys prepared two energy corporation CEOs to participate in a White House conference on climate change in advance of the Kyoto negotiations. We also assisted one of the executives in writing a book on climate-related energy policy, and to prepare for several appearances as a witness at Congressional hearings on climate and energy policy.
The firm represents a Canadian energy trade association in discussions with U.S. government officials and industry participants regarding Canadian and U.S. climate change policies and opportunities for common approaches to climate change strategy.
The firm participated in proceedings developing the Department of Energy’s “Section 1605(b)” greenhouse gas registry.
The firm advises clients on carbon dioxide capture and sequestration issues [see article and presentation], including EPA's UIC rulemaking.
The firm advises clients on use of the Endangered Species Act as a lever to reduce GHG emissions.
State
The firm has for a number of years monitored the Northeastern Regional Greenhouse Gas Initiative, the Western Climate Initiative, and the Midwestern Regional Greenhouse Gas Reduction Accord, has participated in drafting comments for clients in these regional proceedings, and provides ongoing advice on legal and constitutional issues arising from these initiatives.
The firm has for many years monitored California greenhouse gas legislative and regulatory developments and has provided ongoing advice to clients on legal and constitutional issues. The firm has done the same for a number of other state initiatives, and we routinely monitor state greenhouse gas developments.
The firm participated in state regulatory development of greenhouse gas policies in Colorado, Minnesota and Illinois, including cross-examination of greenhouse gas scientists and regulatory experts in contested case proceedings.
The firm has participated in state permit and other regulatory proceedings where greenhouse gas policy and future technology for new coal-based generation has been at issue.