Solution-Oriented Counsel to Navigate the Clean Energy Transition

The energy transition is a shift towards clean, sustainable energy sources and an increased focus on carbon reduction initiatives. Businesses navigating the rapidly changing regulatory and legal landscape need specialized legal counsel and sophisticated strategies backed by deep experience navigating the evolution of climate law.

Regulation & Permitting of Greenhouse Gas Emissions

Leveraging deep experience in air quality regulation and enforcement, we are at the vanguard of policy development and litigation shaping the future of greenhouse gas (GHG) regulation. We guide clients across industry sectors on the implications of and opportunities posed by climate change policy on their operations, including:

  • Compliance with regulatory programs governing the tracking, reporting, and control of GHG emissions
  • Management of GHG permitting for large-scale projects and expansions
  • Strategies for innovative compliance solutions such as carbon capture utilization and storage
  • Rulemaking comments before state and federal agencies, and litigation at the federal Circuit Courts of Appeal, including the DC Circuit Court, and the US Supreme Court

Project Financing and Development

Harnessing decades of industry experience, we work on all types of projects generated from renewable sources (solar, wind, geothermal, hydrogen), and carbon capture utilization and storage (CCUS) projects across the country. We deliver comprehensive services to address the legal needs of projects and related infrastructure, including:

  • Contracts required to construct, operate, and maintain projects
  • Power purchase and sale arrangements, from the conventional to cutting-edge
  • Purchase and sale of companies and renewable energy assets
  • Creative financing options for projects and complex joint ventures
  • Representing clients in proceedings before state public utility commissions, the FERC, and state legislatures
  • Securing strategic site control, with a focus on real estate issues and tax implications

Project Permitting and Litigation

Energy projects during the energy transition era can take many forms, including renewable energy projects (solar, wind, geothermal), coal gasification, hydrogen generation, powerline transmission, and CCUS.

We help utilities and renewable energy developers maneuver federal environmental review processes, from securing agency authorizations through defending legal challenges in federal courts and administrative bodies across the country.

Through strong relationships with agency regulators and sophisticated advocates who develop innovative strategies and arguments to help keep projects on track, we bring unparalleled insights into compliance with:

  • Safe Drinking Water Act (SDWA) Class VI carbon injection well permitting
  • National Environmental Policy Act (NEPA)
  • Endangered Species Act (ESA) processes
  • Migratory Bird Treaty Act, particularly Bald and Golden Eagle
  • National Historic Preservation Act (NHPA)
  • GHG emissions and climate change issues

ESG Reporting

Our multidisciplinary team with expertise in environmental, employment, and corporate/securities law, helps clients navigate the pressures of voluntary ESG reporting:

  • Respond to market and stakeholder demands
  • Assess opportunities, challenges, and risks of voluntary ESG reporting
  • Develop strategic plans for environmental, social, and governance reporting
  • Prepare publicly traded companies and government contractors for upcoming mandatory ESG reporting on the horizon in 2022

Water Law

Our dedicated team of water attorneys located throughout the Mountain West has specialized experience helping water users protect and preserve current and future water rights. We work with clients to develop solutions that address water scarcity, hydrograph shifts, and drought challenges presented by climate change, including:

  • Water rights
  • Securing water supply for industrial projects
  • Developing water infrastructure

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