Climate Change

In collaboration with affiliate McGuireWoods Consulting, our team of lawyers and governmental affairs consultants knows the ins and outs of environmental regulatory programs, energy and other project development, renewable energy, and the generation and exchange of greenhouse gas credits and offsets. We provide full-service carbon-specific and renewable representation on legislative and regulatory developments, compliance, litigation, corporate disclosure and governance, corporate self-assessments, mergers and acquisitions, greentech investments, green building development, and government relations and policy.

Our multidisciplinary approach spans industries and all levels of government:

Environmental: We advise on matters related to the regulation of greenhouse gas emissions under the Clean Air Act, permitting requirements for greenhouse gas emissions under the prevention of significant deterioration and Title V permitting programs, analysis of climate impacts under the National Environmental Policy Act and Endangered Species Act, environmental justice considerations, renewable fuel standards, low-carbon fuel standards, carbon and emissions trading and more, at all levels of government and for all types of projects.

Rule Development and Lobbying: Our team tracks federal, state and local greenhouse gas, renewables and other "green mandate" developments. We assess the impact of climate change proposals and implementing regulations, and develop, support and lobby for positions to shape outcomes.

Regulatory Compliance: We help clients prepare for and develop compliance strategies to address state and federal climate change mandates as they emerge, including compliance with voluntary and mandatory emission reduction programs as well as greenfield and brownfield developments.

Litigation: Our lawyers handle all aspects of greenhouse gas as well as renewable energy related litigation, including nuisance and tort claims, contract and construction claims, and challenges to federal and state laws, regulations, permits and funding decisions. Clients benefit from our experience in greenhouse gas and renewable energy-related litigation at all court levels, including before the U.S. Supreme Court.

Enforcement Defense: We advise clients with regard to agency enforcement actions, government investigations and information collection requests, as well as citizen suits seeking to challenge or impose new environmental controls or shut down project development.

Securities: Our team assists public companies preparing disclosures regarding climate change matters for purposes of their general business description and risk factors, and we prepare environmental, social and governance materials. We also assist with disclosures of known trends, demands, commitments, events or uncertainties in the climate change arena that are reasonably likely to result in material effects on liquidity, capital resources, revenue or net income. We represent public companies responding to shareholder proposals dealing with climate change topics, both in dialogue with proponents and in the Securities and Exchange Commission's process regarding such proposals.

Renewable Energy Projects: We represent utilities, developers, independent power producers and infrastructure funds in all aspects of the development, acquisition/disposition, construction, offtake, debt finance, tax equity finance, ownership and operation of renewable energy projects.

Energy Trading: We advise project owners, developers, offtakers, purchasers, investors, utilities, pipeline companies and other parties in the creation, sale, transfer, registration, validation, monitoring, acquisition, exchange and retirement of environmental attributes, carbon offsets and other greenhouse gas related credits.

Venture Capital and Capital Formation: McGuireWoods represents startup companies in many cleantech and sustainable energy management sectors, including venture capital, private equity and other capital-raising transactions, as well as investments in new cleantech companies.