Geographic reach and subject matter expertise frame Beveridge & Diamond’s air quality and climate change capabilities.
At the forefront of all significant environmental developments, in both domestic and international venues, we help clients meet regulatory, strategic, and enforcement challenges with creativity and rigor. Geopolitical factors have created global volatility in industry, energy, transportation, and the supply chain, driving many companies to seek out multiple law firms to address their needs, worldwide. We offer comprehensive coverage across all critical United States and international jurisdictions to deliver efficient, integrated, holistic solutions for our clients.
Clean Air Act. Our lawyers have decades of experience advising and litigating air issues under the Clean Air Act (CAA). From its well-known emissions standards to niche provisions that regulate obscure pollutants or the trading of emissions reduction credits, whatever portion of the CAA companies need help with, we have an expert on that and more.
Climate Change. Likewise, for climate change. We represent multinational companies from the U.S. to the EU, Canada, China, Latin America, and beyond under both regulatory and market-based programs, such as California’s cap and trade program and the EU emissions trading system (ETS). Not only do we help our clients understand these programs, we help them engage with regulators and complete carbon offset projects and other emissions transactions that generate value for their businesses.
Business-minded and Well-connected. When it comes to helping companies achieve their objectives, what you know can be as vital as whom you know. Our lawyers have longstanding relationships with senior staff and policymakers responsible for air and climate change regulation at the Environmental Protection Agency, Department of Energy, Department of Transportation, Department of State, and the White House, as well as in key state regulatory bodies (notably the California Air Resources Board) and international bodies.
We represent industrial, commercial, and institutional clients facing air and climate regulation, from large energy and manufacturing facilities to less obvious sources such as emergency power generators.
Our clients come from industries including chemicals, aviation, communications, electric utilities, transportation, food, glass, paper, petroleum (exploration, production, and refining), real estate, technology, waste energy, waste management, and more.
Our work also involves acting as court-appointed monitors to verify compliance with court-mandated environmental obligations. Notable engagements include serving as the court-appointed monitor in the Duke Energy coal ash clean-up in North Carolina and acting as lead environmental counsel to the Independent Corporate Compliance Monitor and Auditor for Volkswagen AG, overseeing compliance with the terms of VW’s emissions-cheating settlement.
B&D has been at the cutting edge of air-quality legal issues since our founding in 1974. We have handled scores of federal, state, and local regulatory, counseling, and enforcement matters, as well as issues arising under international law.
We advise clients on rulemakings, permitting, and regulatory compliance under all of the CAA’s major programs and similar state-specific laws and regulations, with a particular focus on national emission standards, new source performance standards, and air toxic standards.
In litigation, our air and climate change lawyers work on company audits and investigations, defend companies against federal and state civil and criminal enforcement actions, defend against lawsuits using novel theories to claim that the companies are unprepared for the effects of climate change, and appeal all types of agency decisions. Our litigators have extensive experience in the D.C. Circuit and cover many other jurisdictions, as well.
Additionally, we represent clients and trade industry groups in treaty negotiation and implementation along with our international environmental team.
Our work on climate change matters draws on our expertise in domestic and international environmental regulatory compliance, as well as in commercial, financial, and land-use transactions. We advise in greenhouse gas (GHG) emissions inventories, control measures, and credit and trading matters under U.S. and international regulatory regimes. We also counsel clients on developing and implementing programs both to inventory their GHG emissions and adopt measures that reduce their carbon footprints consistent with established protocols and standards.
Climate change legal frameworks in which we have particularly strong experience include federal and state GHG permitting programs, the California Global Warming Solutions Act (known as AB 32), the Regional Greenhouse Gas Initiative (RGGI), the Department of Energy’s Voluntary Greenhouse Gas Reporting Program, the Kyoto Protocol, the United Nations Framework Convention on Climate Change, the Paris Agreement, the EU’s Emissions Trading System, and the Carbon Offsetting and Reduction Scheme for International Aviation (CORSIA).