Climate Change: Nationwide
Baker Botts LLPBaker & McKenzieHunton & Williams LLPMorrison & Foerster LLPVan Ness Feldman LLP
Baker Botts LLPBaker & McKenzieHunton & Williams LLPVan Ness Feldman LLP
Climate Change: Nationwide
THE FIRM This international firm's extensive climate change experience has ensured that it is well positioned to represent clients on the regulatory, transactional and policy-setting fronts, offering expertise ranging from commodities regulation and project finance to carbon instruments and fund formation. The team also regularly assists in multi-jurisdictional transactions and has been increasingly active in the Reduced Emissions from Deforestation and Degradation (REDD) arena. Highlights of late include providing carbon rights agreement and investment advice to a leading insurance firm undertaking a REDD project in Kenya.
Client Service "Their turnaround to meet deadlines was quick and they kept to their budget."
Commercial Awareness "They demonstrated solid and up-to-date knowledge of the market."
KEY INDIVIDUALS Group chair Richard Saines regularly handles carbon transactions, Greenhouse Gas (GHG) compliance and climate change policy-related matters. Clients laud him as "spectacular; he is very helpful and excels at customer service." He represented a major airline in an allowance request under the California cap-and-trade program.
Chicago-based associate Marisa Martin Lewandowski has a background in environmental science and international relations which allows her to tackle complex climate change policy, transactions and regulatory issues.
THE FIRM This leading firm's in-depth climate change practice is particularly well-versed at representing utility companies in permitting, rule making and litigation. It is also proficient at carbon trading and projects, as well as advising clients on climate change risk and strategy. Notable clients include the Utility Air Regulatory Group (UARG), Arch Coal and ExxonMobil. It has represented an electric company in a landmark case involving the need to obtain a New Source Review (NSR) permit to carry out maintenance projects.
Client Service "The lawyers go out of their way to make sure they not only provide the best legal advice but also to accommodate my budget."
Commercial Awareness "They provide business advice from a business perspective."
KEY INDIVIDUALS Team head William Brownell has a significant practice that focuses on CAA matters, climate change regulation, counseling and environmental licensing. Peers find that he "really has a handle on the big picture on all these issues." He has represented a major electric utility in a significant public nuisance suit which addressed issues such as the role of federal courts in climate change.
THE FIRM This major international firm is able to address its clients' climate change concerns on a global level, including European Trading System matters. It regularly advises on California's climate change program, national climate change regulatory processes and renewable energy projects to a client base that encompasses a range of private equity houses and energy and clean tech companies. The group has recently assisted Southern California Edison in obtaining regulatory approvals for transmission lines to carry solar energy to California.
Sources say: "I see a lot of them on climate change issues. They are a top-notch firm with significant experience in California."
KEY INDIVIDUALS Co-chair of the air quality and climate change group Robert Wyman has extensive experience representing clients in rule-making, regulatory compliance and judicial matters. Interviewees describe him as a "leader of the climate change discussion" who is "significantly involved in EPA, GHG and California state regulations." He represents the California Climate Coalition, a multi-industry association, in developing a proposal for the state's climate change program.
Since publication, Jean-Philippe Brisson has joined the firm from Linklaters. He is an expert transactional lawyer with extensive knowledge of carbon trading and carbon-related markets. Clients find that he "offers high-quality legal work."
THE FIRM This major player continues to distinguish itself by providing a team that is consistently at the forefront of climate change regulatory developments and is regularly used in key litigation. It also offers a sought-after transactional group to handle alternative energy, emissions trading and credit generation projects. The firm's work often has an international flavor and it is well-versed in EU legislation such as REACH and WTO rulings. Notable clients include the American Electric Power Company, Maersk and the National Association of Manufacturers.
Sources say: "They represent their clients on cutting-edge issues."
KEY INDIVIDUALS Former general counsel for the EPA, Roger Martella has extensive expertise in regulatory work as well as being a skilled litigator. Clients agree that "he brings an awful lot to the table - he is very good at identifying opportunities and challenges." He negotiated a settlement with the EPA on behalf of the American Petroleum Institute over a GHG reporting rule.
THE FIRM This group is especially highlighted for the depth of its expertise in CAA and GHG-related statutes. It has been involved in founding like-minded industry groups such as the Climate for Emission Reduction Policy (CERP) and is adept at statewide and federal rule-making work. The team also provides clients with comprehensive assistance across the range of carbon trading, project development and regulatory advice. The team represents FutureGen Industrial Alliance, a consortium of companies doing cutting-edge work on a near-zero emissions power plant.
Client Service "It feels like they are working directly for your company; they always get back to you with thoughtful and complete information."
Commercial Awareness "They are very plugged-in and knowledgeable about environmental policy and offer good expertise on the industry itself. They are like a policy-oriented think tank."
KEY INDIVIDUALS Kyle Danish is a prolific writer and speaker in the climate change sector and routinely advises corporate clients on the CAA as well as on transactional matters and strategy. He is recognized as a "very effective advocate; there is a lot of diplomacy, psychology and negotiating skills involved in proceedings that he uses to great effect." One impressed interviewee notes that he is "probably the best federal regulatory climate change lawyer in the country."
Stephen Fotis has extensive experience in both CAA and environmental regulations, representing automakers, oil and power companies and governmental groups. He advised American Electric Power on the liability arising from carbon capture and sequestration from electric power plants.
THE FIRM This leading energy firm houses a climate change practice that is able to offer advice across a range of areas such as project development and tax incentives. It is particularly strong on GHG policy as well as providing financial institutions with carbon trading support. It has challenged EPA rule makings on GHG emissions arising from stationary sources on behalf of associations including the National Petrochemical and Refiners Association and the American Petroleum Institute.
Client Service "They have a high level of responsiveness and will always take your call anywhere around the country."
Commercial Awareness "This firm historically has its roots in the oil and gas industry and you can see that across the board in their partners who are all incredibly well-versed in the sector."
KEY INDIVIDUALS Leading CAA practitioner William Bumpers is held in universally high regard for his practice advising clients on enforcement and compliance matters. Recent work has included assisting a major company in developing its Renewable Portfolio Standards policy.
THE FIRM This team's numerous energy clients ensure it maintains a significant foothold in the climate change market. It is regularly instructed to provide GHG-related advice, including regulatory and permitting representation. In addition, it handles a range of carbon advocacy, compliance, litigation and risk assessment matters. Clients include Arch Coal and Southern Company.
Sources say: "They are attuned to our business needs and how that applies to the law, and they try to project the future and how that applies to the circumstances of our company."
KEY INDIVIDUALS Team head Jeffrey Holmstead is a former assistant administrator at the EPA and clients appreciate the skill this affords him in defending matters before government agencies. Market sources unanimously "think very highly of him and his ability over many years."
THE FIRM This firm's strong appellate litigation practice ensures that its climate change group is heavily involved in litigation and challenges to significant rule-making processes and procedures; it has been instructed in numerous landmark climate change cases and private nuisance suits. The team is particularly experienced when it comes to representing large manufacturing clients and major players in the oil industry.
KEY INDIVIDUALS Stuart Drake is highly proficient at handling air-related matters for vehicle manufacturers before government agencies such as the EPA and the California Air Resources Board. He also has an active practice in rule-making, litigation and enforcement defense. Notable clients include General Motors and Toyota.
THE FIRM This climate change team is firmly rooted within the firm's wider environmental group, and it regularly advises on enforcement actions, litigation, compliance, due diligence and permitting. Its client base includes a variety of oil and gas companies, chemical and industrial businesses, trade associations and investors.
KEY INDIVIDUALS Rick Rothman and Kevin Poloncarz are the main contacts.
THE FIRM This practice encompasses both environmental policy advocacy and transactional expertise. The team is frequently retained to advise investor clients on compliance with state and federal regulatory regimes. Highlights include representing the Coalition for Rainforest Nations in negotiations with the United Nations Framework Convention on Climate Change (UNFCCC) to develop a REDD mechanism.
Sources say: "They provide timely, expert, and useful counsel."
KEY INDIVIDUALS Group co-chair Rubén Kraiem is also an honorary trustee for the National Resources Defense Council (NRDC). He has considerable international energy and climate policy experience having worked in Brazil, Mexico, Colombia and Panama, and clients are quick to highlight his "thoughtfulness and insightfulness."
THE FIRM This group handles a comprehensive range of litigation, enforcement and rule-making work on behalf of a broad range of industry trade associations. It is particularly active in advising clients on the development of a nationwide climate change cap-and-trade program as well as handling other cutting-edge matters such as low-carbon technology and GHG emissions reductions. Highlights include challenging the EPA's ability to regulate GHGs under the CAA in litigation filed on behalf of a major trade association client.
Sources say: "They are extraordinarily responsive, and they look at problems in terms of the bigger picture."
KEY INDIVIDUALS Interviewees agree the addition of Jeffrey Smith's strong transactional practice will prove a boon to the team. He is especially well-versed in environmental counseling, financing and M&A matters.
THE FIRM This international firm's climate change team is distinguished by its trial court experience in mass torts and enforcement actions. The team has acted for numerous automobile industry clients including major manufacturers and trade associations. Recent work includes advising on the GHG and fuel economy emissions standards proposed by the National Highway Traffic Safety Administration and the EPA.
KEY INDIVIDUALS The main is Raymond Ludwiszewski.
THE FIRM This international firm's climate change team operates at the intersection between energy and environmental law. The broad practice advises some of the world's largest energy and renewable energy companies on the full range of legislative matters, transactions, environmental permitting and due diligence issues. The group also has a firm foothold in the transportation industry; of late it has represented Daimler before the EPA in relation to CO2 and vehicle efficiency initiatives. Other clients of note include Duke Energy, Honeywell and Nissan North America.
Sources say: "A fine international firm that houses practitioners with good expertise on climate change issues."
KEY INDIVIDUALS Mary Anne Sullivan's cutting-edge practice regularly involves carbon sequestration issues and bringing low carbon-electricity and clean technology to market. She is also regularly retained by energy and renewable energy clients to advise on transactions and regulatory matters.
THE FIRM Clients benefit from this team's strong links with the firm's other practice groups, including a clean technology department. It frequently handles renewable energy, emissions reduction agreements, carbon economy and permitting issues. It has been advising the San Francisco Carbon Collaborative on an ongoing basis on federal grants, carbon emissions, and trading. Other clients of note include the Nature Conservancy, enXco and Sierra Pacific Industries.
Client Service "Amongst the best for high-technology and clean-technology matters. Plus, they really understand our business and our market."
KEY INDIVIDUALS The main contact is William Sloan.
THE FIRM This climate change group offers assistance in compliance with GHG-related statutes, litigation and emission-reductions negotiations. It has a particularly strong transactional group that is adept at handling financing for large renewable energy projects, carbon trading and Department of Energy loan guarantee projects. Major clients include Bank of America Merill Lynch, for which the team has arranged a $1.4 billion loan by the Department of Energy.
Sources say: "They have strong leadership and an incredible reputation."
KEY INDIVIDUALS Don Frost is the key partner.
THE FIRM This practice is well-equipped to represent clients in the energy and renewable energy spaces on GHG permitting, regulatory advice and other contentious and non-contentious matters. It also advises clients on carbon-related transactions and on developing green investment funds. Of late it has acted for a coalition of petitioners who have filed for the judicial review of the EPA's GHG control project.
Sources say: "Great to work with; they are knowledgeable and extremely responsive."
KEY INDIVIDUALS Houston-based Larry Nettles is the main contact.
As "one of the leading voices on climate change," Jonathan Martel
of Arnold & Porter LLP has extensive experience in advising vehicle manufacturers and oil refiners on air emissions and in handling permitting for electric utilities. He is counseling PPL Corp, a major electric utility, on the regulation of GHGs through the CAA and its impact on permitting.
of Ballard Spahr LLP is cochair of the SEER Committee on Climate Change, Sustainable Development and Ecosystems of the American Bar Association (ABA). He advises energy and low-carbon energy clients on climate change strategies and financing. Highlights include representing Exelon in litigation and rule-making over proposed regulations and their impact on the utility industry.
Name partner Kipp Coddington
of Mowrey Meezan Coddington Cloud LLP enjoys a strong reputation for his carbon-related work, in connection with both traditional and renewable energy. Peers find that he has a "significant niche in carbon capture and sequestration."
Chair of the climate change team at Troutman Sanders LLP, Peter Glaser
advises on litigation and policy pertaining to GHG regulations. Clients appreciate his "knowledge of the law and ability to conceptualize comments."
of SNR Denton is regularly retained in permitting, compliance and regulatory matters. Peers agree that "he has been able to develop an impressively extensive international practice."
He is active in handling sustainable energy projects on behalf of investors and has recently represented MaxEn Capital Advisors in the China Clean Energy Fund to develop sustainable energy projects in China.
New addition to Willkie Farr & Gallagher LLP, William Thomas
is an expert in carbon-related work and acts for clients on the finance side, advising on due dilligence, financing and transactions. Clients appreciate that "he very much understands the drivers from a large corporation's point of view. He can put himself in the shoes of his client; he is reasoned, well-rounded and able to see the big picture."
of Katten Muchin Rosenman LLP is a previous counsel to the U.S. House of Representatives Committee on Energy and Commerce. He provides clients with advocacy, permitting and compliance-related counseling on GHG regulations and other statutes.
Since publication, Matthew Paulson
has moved to Katten Muchin Rosenman LLP from Baker Botts. He is highly active in regulatory work and litigation challenging EPA regulations.
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