Project and commodity counsel to first international avoided deforestation carbon offset project (Latin America) to be registered and verified under the Verified Carbon Standard Avoided Deforestation Partners methodology.
Consultant to U.S. Agency for International Development to develop international carbon finance product to allow the U.S. to guarantee debt financing for voluntary emission reduction projects (e.g. water quality, forestry) in developing countries.
Represented the Gold Standard Foundation as M&A counsel as part of its acquisition of international forest carbon project platform.
Represented western utility as part of third party utility-scale solar sale-leaseback financing.
Transaction counsel to national mortgage finance company on participation in HUD PowerSavers efficiency finance program.
Advised trade association on “green bond” structures, commodity-linked bonds, asset-backed securitization structures for climate mitigation and adaptation.
Drafted and negotiated primary and secondary market emissions reduction purchase and sale, option and forward transactions for several offset project types (forestry, LFG, mine methane, waste management, biogas, ODS).
Advising private equity firm on low carbon investments in South Africa, North America.
Assisting REDD+ developer commercialize carbon and biodiversity benefits (VCS, CCBA, CCAR) for projects in Belize, Peru, Brazil and Kenya.
Negotiated carbon commodity ISDA, EFET and VERPA trades on behalf of energy companies, and financial institutions (e.g. EUAs, CERs, CRTs, VCUs, California early-action credits).
Advised carbon asset management company as seller in multimillion dollar sale of VERs to UK-based multi-national investment company pursuant to a master voluntary emissions reduction purchase and sale transactions (i.e., VERPA).
Policy counsel to energy companies on public finance options (e.g., leveraged lease), tax incentives and loan guarantees for public-private partnership.
Represented international bank in energy performance contract with energy service companies to provide guaranteed energy savings from energy construction measures.
Represented an energy-service company in energy performance savings contract.
Negotiated numerous unbundled and bundled REC and SREC transactions for traders, project companies and utilities in at least ten U.S. states.
Advising forest carbon developer on international forestry bond transaction structuring.
Counsel to Midwestern POTW on municipal bond financing and tax issues related to public-private partnerships and private activity bond limitations.
Directed environmental due diligence for a global energy investment company’s successful bid to acquire 50% interest in 13 power plants in six states, including evaluation of impact of California’s SB1368 and AB32, the Regional Greenhouse Gas Initiative, and anticipated national greenhouse gas legislation on six coal-fired plants.
Advised large financial institution on World Bank Equator Principles, coalition climate due diligence policies and OPIC NEPA standards for GHG analysis for international project financings.
Assisted U.S. municipalities develop projects and monetize carbon emission reductions (VCS) achieved at local landfills and waste-to-energy facilities.
Assisted international chemicals company plan, develop and negotiate transactions for the sale of Kyoto Protocol CDM credits (CERs) generated from emission reduction offset projects (bagasse, energy efficiency) in Peru and China.
Assisted international cement association develop methodologies and protocols to collaborate with Mexican entities to develop carbon risk management, GHG efficiency, waste heat offset projects.
Represented several solar development companies in numerous forward sales, spot sales, and option contract transactions involving bundled and unbundled SRECs sales in New Jersey, Ohio, Pennsylvania, North Carolina, California and Maryland.
Transaction counsel to investor-owned utilities in transactional acquisition and management of RECs and SRECS in the Northeastern U.S. states, large New Mexico public utility in negotiation of SREC purchase and RPS portfolio obligations associated with bundled purchase of energy from solar thermal power plant.
Drafted REC purchase and sale agreement for a coalition of Southeastern utilities in furtherance of North Carolina REPS requirements.
Climate Change Law and Policy Counsel
Counsel to Climate Markets and Investment Association in its participation in California carbon market offsets litigation.
Represent global natural resource company on federal Clean Air Act regulation of greenhouse gases and climate policy matters.
Advised public-private CCS alliance on financial responsibility requirements for underground injection of CO2 under Class VI Well rules promulgated by EPA under Safe Drinking.
Drafted carbon market and pre-compliance offset development and climate risk management primer for national clean water infrastructure association.
Assist public utilities, energy companies and investment groups on climate change and GHG emissions-related SEC disclosures for and reporting and securities offering documents, integrated reporting.
Counsel to 14 municipal and regional governmental entities on climate change mitigation/adaptation strategies and regulatory impacts.
Appellate litigation counsel to national wastewater association on GHG biomass exception litigation.
Advised natural resource company on Department of Defense greenhouse gas lifecycle standards and advanced fuels procurement requirements.
Assisted international cement association develop and refine methodologies and protocols to collaborate with Mexican entities to develop carbon risk management strategies; GHG efficiency, waste heat offset projects.
Advised scrap steel company and group of municipal solid waste departments on GHG reporting Rule, and proposals for cap-and-trade legislation, federal RES, federal Clean Energy Standards.
Counsel to major international trade association (shipping sector, customs) on federal U.S. climate change policy, carbon market dynamics and trading, specifically border measures, carbon tariffs and rebate allowances proposals.
Advised microgrid and district energy project development firm on state and federal energy regulations.
Drafted comments for public sector regional authorities on EPA proposed rulemakings for endangerment finding, CCS regulation, and CO2 regulatory options under the federal Clean Air Act (e.g. NSPS).
Federal administrative litigation counsel for foreign chemical manufacturer in international trade litigation over Emissions Reduction Units generated and traded into European Union Emissions Trading Scheme (EU-ETS).
Advised natural resource company on beneficial reuse of fly ash as green cement product, LEED certification requirements.
Drafted RPS statutory revisions to expand definitions of renewable resources and “renewable biomass” that were adopted in Mid-Atlantic states.
Represented biogasification company in appeal of EPA Sewage Sludge Incinerator rule, advising on Non-Hazardous Materials Rule redefinition to account for biomass and sustainable energy recovery.
Counseled chemicals company on legislative matters associated with chemical synthetic gas plants with carbon capture and sequestration (CCS).
Clean Energy and Infrastructure Project Transactions
Assisted as project counsel (EPC, PPA, interconnection, fuel supply, service agreements) for several renewable energy projects (landfill gas-to-energy, solar, wind, biogas.
Assisted largest municipal wastewater system in the Midwest draft and negotiate of long-term service agreement to re-privatize system operations.
Assisted in initial stage development of public-private partnership to develop a consolidated solar power (CSP) facility to be located in Mojave Desert.
Prepared long-term RFP and natural gas supply contract (NAESB) for largest Midwestern U.S. city.
Drafted and negotiate financing, construction and operations and maintenance service agreements (e.g. waste-to-energy facilities, landfill gas pipelines, LFG-to-energy plants, anaerobic digester gas-to-energy) for 5-8 projects.
Represented and counseled California water districts and advanced energy technology companies apply for Clean Renewable Energy Bonds, DOE loans and loan guarantees.
Federal Energy and Financial Regulation
Advise energy companies and environmental market brokerage on Dodd-Frank Act and CFTC oversight (e.g. end-user exception, bona fide hedging, reporting and recordkeeping).
Advised energy service companies on FERC Order 745 and Order 1000 issues for demand-side management programs and RTO compliance obligations for (1) energy efficiency payments and (2) transmission siting for renewable energy.
Counsel to several public issuers and supply chain vendors on integrated reporting, SEC “Conflict Minerals” reporting obligations.
Advise biogas company on EPA Clean Air Act and solid waste rules.
Drafted in-depth memoranda for various energy utility and financial services clients on energy asset sales, electric restructuring, standard market design, financial derivatives and commodity hedge clearinghouses, market clearing and creditworthiness and energy markets.
Advised investor-owned electric utility and privately-held investment bank on proposed rules and potential impacts of Dodd-Frank financial reform legislation.
Represented Midwestern transmission-dependent load-serving utility in FERC electric matters, including RTO/ISO market design, pancaked rates, grandfathered interconnection contracts, energy and capacity markets.
Counseled merchant and municipal generators, coalition of cogeneration companies, and industrial end-users on issues and proceedings involving natural gas, transmission infrastructure, project approvals and state construction certificates, RTO/ISO agreements, locational marginal pricing and day-ahead energy/capacity markets, interconnection agreements, market-based rates, standards of conduct, affiliate abuse, and mandatory fuel reporting compliance.
Assisted in representation of large Southeastern utility’s withdrawal from the Midwest ISO and joining of PJM, including exit fee agreement negotiation and regulatory compliance with RTO tariff obligations.
Represented independent power producer in litigation over NERC reliability classification and compliance requirements.
Represented Midwestern cooperative before FERC in litigation over grandfathered interconnection service agreements.