Climate Change & Greenhouse Gases Experience

We have significant experience in carbon regulation, in both the utility and industrial sector, as follows:

  • Advising utility and industrial clients on federal regulations and policies to address the causes and impacts of climate change, including:
    • The endangerment finding related to emissions of carbon dioxide and greenhouse gases (GHGs) and the Tailoring Rule, which addressed Title V and major source permitting for GHG emissions.
    • The Mandatory Greenhouse Gas Reporting Rule.
    • The proposed New Source Performance Standards for new, modified and reconstructed electric generating units and the proposed guidelines for Existing Source Performance Standards.
    • Federal regulations concerning the Underground Injection Control for the sequestration of carbon dioxide.
    • U.S. EPA’s development of new standards and guidelines to protect watersheds, wetlands and other water infrastructure in light of climate change.
  • Advising utility and industrial clients regarding state initiatives to establish carbon trading schemes such as the Western Climate Initiative and the Midwest Governor’s Climate Initiative.
  • Representing a utility client in obtaining necessary regulatory approvals relating to a $7 billion generation expansion program, which included the construction of 1100 MW of natural gas-fired generation, the construction and subsequent modification of 1230 MW of supercritical pulverized coal-fired generation and the construction of a 50 MW biomass cogeneration facility. This representation included:
    • Assisting a client during the development of Environmental Assessments for natural gas generation and coal-fired generation projects required by state law and defending those assessments in subsequent judicial review proceedings in a proceeding brought in part to challenge the climate change impacts of the respective facilities.
    • Assisting a client in obtaining a Certificate of Public Convenience and Necessity for the construction of the coal-fired generating facility, which included consideration of the impact of future carbon regulation scenarios on the economics of the project and defending that authorization in subsequent judicial review proceedings.
    • Assisting a client in obtaining two of the first Best Available Control Technology (BACT) determinations for greenhouse gas emissions for the biomass facility and the modified coal generating facility.
  • Identifying and retaining consultants for industrial clients to evaluate potential impacts of cap and trade or carbon tax policies on their businesses.