Environmental

Sustainability and Green Practices

We assist clients in all aspects of “sustainability”—the ability to meet resource and energy needs today without compromising the ability of future generations to do the same. Our work includes counseling clients on sustainable business practices, dealing with both the assessment and disclosure of greenhouse gas emissions, and work on environmentally sound business practices. We have addressed basic purchase/sale agreements and other commercial contracts to address issues relating to emission reductions, energy efficiency credits, and other aspects of commitments to sustainability and "green" business practices.

Experience

Examples of our recent experience include the following:

  • Drafting the first Energy and Climate Change report for a Fortune 500 transportation sector corporation.
  • Lobbying the State of Arizona regarding the proper legal approach required to adopt a state climate change action plan and to prepare regulations to implement the Western Climate Initiative.
  • Advising a manufacturing facility regarding the potential for securing future voluntary emissions reductions credits relating to a restructuring and change in operation at a facility.
  • Assisting startup “cleantech” companies with obtaining financing and assisting private equity sources in evaluating potential investments in cleantech companies.
  • Advising Arizona’s largest manufacturer regarding implementation of a cleaner energy/reduced carbon footprint program at multiple manufacturing plants in Arizona.
  • Participating in E-Verify to obtain work authorization for foreign nationals at renewable energy companies doing business with the State of Arizona and the Federal Government.
  • Assisting manufacturers in interpreting and complying with Energy Star and federal minimum energy efficiency requirements issued under the Energy Conservation Policy Act.

Our attorneys also advise clients on the following:

  • Emissions reductions and other “green” credits as part of transactional due diligence.
  • Tax and capital market-related aspects of climate change planning and projects.
  • Land use and green building (“LEED”) certification.
  • The preparation of corporate climate change plans.
  • The preparation of disclosures of annual greenhouse gas emissions.
  • Efforts to lobby state and tribal governments regarding approaches to climate change regulation and approvals of proposed green energy projects.
  • The generation, ownership, and use of Renewable Energy Certificates (RECs).
  • The substantiation and defense of claims regarding “green” products and the preservation of rights regarding such products.
  • Tribal, state and federal regulatory developments regarding proposed regulations related to climate change.
  • Private placement memoranda for green and cleantech companies, and evaluating those memoranda for potential investors and other equity sources.
  • Preparation of conservation easements on property held by land trusts and corporate entities.