Climate Change Insights : Climate Change Law and Policy Lawyers & Attorneys : McKenna Long & Aldridge Law Firm : Climate Change Regulation, Green Strategies, Environmental Policy

The rapidly changing legal, scientific, and political landscape of climate change presents a challenge to virtually every industry.  The potential impacts on businesses include:

·         Limitations on a company’s ability to emit greenhouse gases;

·         Changes in the way a company’s goods may be produced and delivered based on their global warming potential;

·         New types of economic value that may be realized through implementation of a climate strategy; and

·         Increased consumer demand for reduced carbon products and processes.

McKenna Long & Aldridge LLP climate change attorneys bring together expertise in energy, environmental, and natural resources law, government relations, project finance, and project development to provide interdisciplinary solutions that enable clients to manage risks and capture opportunities created by this emerging field.

Carbon Footprinting and Lifecycle Analyses

Every company needs to quantify its footprint to better understand how climate change and impending policy changes could impact their bottom line.  We assist by:

·         Assessing carbon footprint and opportunities for reduction

·         Measuring inventory of greenhouse gas emissions

·         Evaluating energy usage and formulating cost containment strategies

·         Analyzing the carbon lifecycle of products

Developing a Corporate Climate Change Strategy

Climate change is already revolutionizing the way corporations do business.  Every company with greenhouse gas sources and/or that operates large energy-consuming facilities needs a climate change strategy.  Our related services include:

·         Analyzing policy implementation and regulatory changes

·         Identifying ways to reduce carbon footprint of operations and ways to improve product lifecycles

·         Recommending opportunities for participation in emerging carbon markets

·         Identifying energy efficiency measures

·         Developing energy cost-containment strategies

·         Counseling on SEC reporting requirements

·         Drafting corporate greening policies

Carbon Accounting and Trading 

We counsel clients on a wide variety of carbon accounting and transactions issues, including the use of Clean Development Mechanism and Joint Implementation transactions under the Kyoto Protocol.  The creation of a cap-and-trade system under currently proposed legislation will create multi-trillion dollar carbon markets, and can also result in severe financial penalties for those companies who are not prepared.  We assist by: 

·         Counseling on creation, acquisition and trading of emission credits

·         Drafting emission reduction purchase agreements

·         Performing due diligence

·         Preparing term sheets

·         Providing advice on participation in the Chicago Climate Exchange (CCX)

·         Evaluating insurance products (e.g. technical trade insurance and carbon banking insurance)

Project Review, Development and Finance

Many companies are initiating alternative energy projects as an adjunct to their core energy businesses, as offsets, as stand-alone ventures and to take advantage of opportunities resulting from innovation in their production processes.  Our corporate, real estate and finance attorneys have significant experience:

·         Advising companies on the legal structuring, design, financing and implementation of such businesses and projects worldwide

·         Assessing organizational, contract, tax, environmental, permitting, operational and regulatory issues involved in establishing a new business or project

·         Identifying state and federal tax incentives

·         Securing commercial, structured and project financing to effect implementation

·         Assisting in the formation of teaming arrangements or special purpose consortia

·         Identifying public-private partnership opportunities

·         Consulting on issues of energy efficiency in design, construction and operations

·         Identifying, procuring and implementing low- and zero-carbon technology

Government Advocacy

With climate change legislation moving forward in both houses of Congress, as well as in several states, industries must be vigilant in protecting their interests.  Various industrial sectors may compete against each other to avoid receiving a disproportionately large obligation to reduce greenhouse gases in legislation.  Consequently, companies and industry organizations need to monitor and participate in the debate.  Our experienced public policy advisors help clients by:

·         Analyzing proposed legislation and provide impact modeling

·         Preparing position papers, comments and testimony on the effects of proposed legislation

·         Building industry group coalitions and alliances

·         Develop and draft favorable financing structures

Regulatory Compliance

Although the United States has not ratified the Kyoto Protocol, many states are entering into greenhouse gas pacts.  The Regional Greenhouse Gas Initiative (RGGI) was signed by a dozen northeastern U.S. states, and the Western Climate Initiative was signed by six western states.  Additionally, some states have passed their own legislation (e.g. California's AB 32), accelerating the call for national legislation.  MLA has vast experience counseling clients on environmental regulatory issues, providing services including:

·         Litigation and negotiation of compliance issues arising under the full spectrum of federal, state and local environmental laws and regulations

·         Representing clients in administrative proceedings and defense of enforcement actions

·         Negotiating with regulatory agencies

·         Cleanups and securities disclosures

·         Conducting environmental and regulatory compliance audits

·         Drafting compliance plans