Environmental/Climate Change Matters

Representative environmental/climate change matters in which our attorneys have been involved include:

 Environmental Regulatory Matters

  • Advised numerous clients in a variety of industries regarding compliance with federal and state regulations governing water quality, air quality, hazardous waste management, contaminated site cleanup and other matters.
  • Assisted geothermal heating/cooling company in assessing applicability of various state requirements relating to subsurface operations and equipment.
  • Served as temporary in-house environmental, health and safety counsel for large, multinational manufacturer of photographic equipment and supplies and batteries.
  • Counseled various multinational companies on identification and minimization of environmental liabilities in connection with joint venture, toll manufacturing, contract manufacturing, sole source supply and other outsourcing transactions.
  • Counseled multi-national electronic equipment manufacturer on compliance with product safety regulations in numerous foreign countries.
  • Counseled multinational consumer products company in development of global environmental, health and safety guidelines.

Climate Change Matters

  • Represented nonprofit client in the development of the legal architecture for its successful first and second generation registries of carbon emissions reductions and carbon offsets.
  • Represented D.C.-based nonprofit with respect to numerous agreements with Fortune 500 companies to provide greenhouse gas emissions inventory and related services.
  • Advised landfill operator on potential sale of carbon offset credits to voluntary market.
  • Provided extensive long-term assistance to DC-based nonprofit with respect to development of national renewable energy certificate standards, negotiation and drafting of agreements relating to third-party certification of renewable energy generation, and development of policies to mitigate “double counting” issues relating to emission avoidance claims.

Management of Environmental Risks in Transactions

  • Conducted due diligence, negotiation, drafting and opinion work concerning environmental and land use issues in connection with construction financing, permanent financing and refinancing for residential and commercial development projects.
  • For real estate fund unable to liquidate due to ownership of contaminated strip mall asset, developed and successfully implemented strategy to dispose of property and associated contingent liabilities by rapidly assessing contamination, designing and winning state approval of innovative remedy, negotiating fixed cost remediation contract and cost cap insurance, then selling property “as is” to brownfields purchaser.
  • For real estate joint venture engaged in redevelopment of large public housing projects into sustainable mixed-income communities, managed environmental diligence, negotiated environmental consulting contracts and environmental insurance policies, pursued environmental insurance claims and supervised environmental remediation projects.