Another focus is the growing number of ways that climate change considerations factor into business transactions. The ongoing discussion of activities contributing to global warming and climate change has resulted in a growing interest in “sustainability” in general. “Sustainability” centers on the ability of consumers to meet resource and energy needs today without compromising the ability of future generations to do the same. This has lead to the proliferation of products and activities claiming to be “green.”

Many companies find that their customers expect sustainable business practices. Some require their suppliers and others with whom they do business to adopt efforts promoting sustainability. Others are required by their shareholders to disclose and manage their greenhouse gas emissions. As a result, companies are working to determine the carbon footprints of their products, to disclose annual carbon emissions and to certify that their construction projects use environmentally sound business practices. Even basic purchase/sale agreements and other commercial contracts must now often address issues relating to emission reductions, energy efficiency credits and other aspects of business commitments to sustainability.

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.

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 delineation of “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.

For more information on how our Clean Energy, Climate Change and Sustainability Group can help you address issues related to Sustainability, Green Practices and General Business Solutions, please contact Ave Bie at (608) 283-2441 / or your local Quarles & Brady attorney.