Climate Change and Clean Energy

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Overview

Overview

Climate change poses a degree of risk to every business. From privately held companies to public corporations, businesses of all sizes face a maze of legal and regulatory obligations to reduce their carbon footprint, adapt to climate risks and seize new opportunities in the clean energy transition.

Accounting for climate-induced risks enables your business to address a wide variety of forward-looking issues while leveraging new funding opportunities to further your competitive positioning. Manatt’s climate solutions and clean energy team can both help your organization navigate the complex landscape of climate law and policy and provide strategic advice to help you achieve your corporate sustainability goals while complying with climate mandates.

Climate mandates are real and carry the force of law—nationally, state by state and city by city. Companies are already subject to regulatory compliance mandates, are exposed to significant penalties, and may avail themselves of billions of dollars in federal and state subsidies. The problem is these authorities provide little to no tangible guidance on how to develop long-term compliance strategies and leverage public resources.

From monitoring legislation, engaging in government advocacy and crafting compliance strategies to examining your supply chain and identifying areas of improvement for emissions reduction, energy efficiency, water conservation and waste management, Manatt has the strategic experience to evaluate your business exposure and identify incentive opportunities.

Whether you have comprehensive corporate sustainability policies in place or are just beginning to assess your carbon footprint, our professionals can guide you through the maze of federal, state and local regulations while accounting for market trends and financial opportunities aimed at mitigating climate risk and enhancing sustainable business practices.

As the world enters a new age of energy, shifting from hydrocarbons to renewables, regulations, markets and consumer preferences are in constant flux. We help clients navigate a complex web of regulations as it relates to clean energy alternatives, environmental compliance, due diligence and licensing.

The range of technologies being deployed to reduce or eliminate emissions and extract and manage carbon is expanding rapidly. We can help you not only with project siting but also with fully exploiting complex energy- and utility-oriented regulations. We have complementary experience in representing the energy industry and in siting sizable projects locally.

Before a project can be sited, it must be financed. We can identify capital market investment sources and leverage government and other incentives that make previously infeasible projects viable.

In energy development transactions, we help you evaluate the risks and rewards, decide which concerns are most important, and complete the transaction to your maximum advantage.

When it comes to understanding the regulatory environment, our team has been actively engaged in the regulatory and legislative debate over the implementation of greenhouse gas emissions reduction, climate mitigation and adaptation, and large-scale carbon removal and management strategies. We help you monitor, analyze and advocate for legislative developments that have the potential to impact your business operations.

  • Biodiversity and habitat protection
  • Climate change mitigation and adaptation
  • Circular economy practices
  • Corporate sustainability program review
  • Climate technology
  • Energy efficiency
  • Environmental due diligence in business transactions
  • Environmental reporting and disclosure analysis
  • Environmental risk management
  • Green product design and innovation
  • Greenwashing claims mitigation and litigation
  • Land use and development
  • Legislative monitoring and advocacy
  • Project finance
  • Remediation/brownfields
  • Retrofits and conversion of existing facilities
  • Sustainable sourcing
  • Waste management
  • Water quality and conservation

Experience

Clean Energy

We have represented and advised:

  • A foreign energy company in the initial stages of financing a wind generation project in Montana
  • A large-scale provider of solar product installation and grid sellback services in connection with construction licensing agreements in 15 states; M&A and entity formation in Delaware and California; and energy research, including tariff analysis, in Hawaii and California
  • A limited partnership seeking tax advice on wind and solar energy projects
  • A crude-oil producer in the development and financing of alternative energy facilities in California, including oil fields, cogeneration projects and geothermal power plants
  • A limited partnership in the development of a project to create natural gas through clean coal gasification technology using a retrofitted coal-fired electric generation unit
  • A private equity fund in connection with a workout and auction liquidation of a foreign lender's interest in a California hydroelectric portfolio
  • A commercial developer of solar thermal electric projects in the construction of nine power plants in California
  • A real estate developer in connection with the development of a green building project that included the installation of solar panels on units, water containment and small hydroelectric usage, and a large-scale solar farm
  • A rooftop solar panel manufacturer/installer in the siting and building of its headquarters and manufacturing facilities
  • A hydrogenation and decarbonization joint venture in connection with a large project to convert coal and petroleum coke to hydrogen-powered electricity with carbon capture and storage

Climate Change

  • Represented real estate developments featuring green building design (Leadership in Energy & Environmental Design, or LEED), storm water containment, small hydroelectric usage and a large-scale solar farm
  • Represented a large-scale commercial provider of solar product installation and grid sellback services in construction licensing agreements in 15 different states; corporate mergers and acquisitions and entity formation in Delaware and California; and energy research, including tariff analysis, in California and Hawaii
  • Represented a business in a project to create natural gas in a clean coal gasification technology to be used by a retrofitted coal-fired electric generation unit
  • Advised a business in its efforts to remove hydrogen and other gases from coal and petroleum coke for use in electric generation and for carbon dioxide sequestration to enhance oil recovery
  • Advised businesses on how to properly advertise and maximize the value of green claims
  • Advised on changes to corporate governance to detect and deal with impending risk from climate change regulation
  • Prepared affirmative public relations messages and required disclosures concerning efforts to protect the climate
  • Represented an entertainment industry association in conjunction with its solid waste packaging initiative to reduce the waste associated with compact disc packaging and to adopt environmentally sustainable packaging material
  • Successfully defended a well-known discount store in a high-profile litigation brought by a well-funded environmental group challenging the siting of a store in Riverside County, California. The environmental group advanced claims under the California Environmental Quality Act (CEQA), claiming that the project did not adequately describe and mitigate impacts of the project on climate change. These claims were universally rejected by the Superior Court of Riverside County.
  • Advised multiple energy company clients on federal lawsuits alleging nuisance claims for climate change-related damages, including substantial analysis and pretrial motion work on political question, nonjusticiability and causation issues.
  • Defended challenges alleging upstream and downstream climate change impacts of issuing a permit for a petroleum coke facility.

Team

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Partner

Matthew D. Williamson

714.371.2538

Related Practices

Advertising, Marketing and Media

Digital and Technology Consulting

Environment

Environmental Litigation

Government and Regulatory

Impact Investing and Community Development

Infrastructure

Investigations, Compliance and White Collar Defense

Land Use

Manatt Energy and Environment

Mergers and Acquisitions

Real Estate Transactions and Finance

Venture Capital / Emerging Companies