Greenberg Traurig, LLP

Greenberg Traurig’s Climate Change Task Force is a multidisciplinary group that represents clients from an array of industries in connection with the increasingly complex climate change issues associated with energy, industrial and natural resource projects. Members of the task force bring together a wide range of relevant experience in corporate and real property transactions; international, federal and state regulatory compliance and permitting issues; administrative agency and legislative advocacy; environmental permitting and compliance; tax and securities law; intellectual property; and litigation and dispute resolution. Many members of the task force have served as political appointees responsible for crafting air quality legislation.

For various reasons, a number of U.S. states and regional entities have begun to regulate greenhouse gas emissions. GT’s Climate Change Task Force helps clients track and respond to the rapid developments in state laws and regulations, as well as the requirements of regional climate change schemes and evolving federal requirements and voluntary programs. GT also tracks legislation and represents clients participating in international schemes.

Transactional Representation

• Represent clients in connection with the structuring, permitting, design, construction, financing and operation of coal gasification, petroleum refining, natural gas, ethanol, biodiesel, solar, wind, geothermal and nuclear facilities and other alternative energy and clean fuel sources
   
• Facilitate project development and finance transactions to help clients maximize their opportunities under applicable climate change laws, regulations and incentives
   
• Work closely with clients to account for and preserve emission credits in creative but conservative ways, as well as to obtain additional credits or, if possible, facilitate the sale of any excess credits in the marketplace
   
• Handle new fuel registration and engine approvals
   
• Advise clients on issues related to armoring shorelines to save historic resources and the consequential impacts due to expense, insurance concerns and economic risks, as well as the need to retreat from certain areas or not promote planning and development of such areas

Regulatory Permitting & Compliance

• Counsel clients regarding the increasingly complex climate change laws and regulations enacted by U.S. states and regional entities
   
• Advise international facilities on the implementation of emission reduction projects under the Kyoto Protocols and similar laws
   
• Counsel clients on green building incentives and regulations and assist with ISO 14001 compliance, including ISO 14064 and ISO 14065

Governmental Affairs

• Advocate on behalf of our clients’ interests related to current and proposed state and federal legislation and regulations, including federal, state and local grants, loans, loan guarantees, tax-free bonds, tax credits and other incentives for alternative energy and clean fuel facilities
   
• Represent clients in administrative challenges regarding energy generation and usage
   
• Draw on the experience and resources of GT’s governmental affairs professionals in Washington, D.C., Sacramento, Albany, Denver and other state capitals across the country

Greenhouse Gas Litigation

• Advise clients on strategies to help minimize the risk of litigation, given the ambiguity and complexity of current regulatory schemes
   
• Defend clients in tort suits in which plaintiffs seek injunctive relief and damages against corporate defendants under nuisance and negligence theories for climate-related injuries allegedly caused by the defendants’ greenhouse gas emissions
   
• Represent clients in connection with emissions trading disputes

Tax Counseling

• Develop practical tax strategies and advise clients regarding the availability and use of alternative tax credits
   
• Monitor changes in tax policy, whether they penalize greenhouse gas emissions or incentivize the use and development of alternative forms of energy

Corporate Governance

• Advise clients on the environmental disclosure and corporate governance requirements imposed by Securities and Exchange Commission regulations and general accounting rules
   
• Work closely with clients to evaluate applicable disclosure obligations and, if disclosure is required, determine the most appropriate means and methods of disclosure

Voluntary Reduction & Supplemental Environmental Project Counseling

• Advise clients on the legal implications of voluntary reduction programs
   
• Advise clients on alternative fuel, pollution control, voluntary reduction and other greenhouse gas-related supplemental environmental projects

Intellectual Property & Technology Development

• Provide patent counseling and prosecution for alternative and green energy technologies
   
• Advise clients on developing, refining and managing IP portfolios from conception through implementation
   
• Advise clients concerning the commercial viability and fundability of new climate change technologies