Representative Matters

Air

  • In one of the biggest environmental cases of the decade, a B&D team led by firm Chairman Ben Wilson is assisting Larry D. Thompson, former deputy U.S. attorney general, whom the U.S. government appointed as the Independent Corporate Compliance Monitor and Auditor for VW. Larry’s appointment is part of VW’s criminal plea agreement stemming from the company’s scheme to sell diesel vehicles containing software designed to cheat on U.S. emissions tests. Ben serves as Deputy Monitor – Emissions & Environmental on Larry’s monitor team, and manages the B&D team of lawyers overseeing VW’s compliance, working in both the U.S. and Germany.
  • Since the program’s inception, we’ve helped companies prepare Title V operating permit applications, negotiate their terms, and prepare semiannual deviation reports and annual compliance certifications. In addition, we’ve appealed and defended Title V permits in both administrative proceedings and in court.
  • B&D serves as lead counsel for a global oil and gas company in a climate change adaptation case brought by the Conservation Law Foundation that is pending in federal district court. The novel claims include allegations under the Clean Water Act and the Resource Conservation and Recovery Act that the facility is inadequately prepared to manage climate change impacts such as sea level rise and storm surge.   

Climate Change

  • Emissions Trading. We have led numerous transactions related to the purchase, sale, banking, trading, creation, and validation of GHG and other emissions credits in domestic and international forums, under voluntary and mandatory regulatory systems, including AB 32, ETS, and the Kyoto Protocol.
  • Aviation & CORSIA. We represent the North American airline industry in a broad range of climate change-related issues, including matters relating to the development and implementation CORSIA.
  • Carbon Offsets. We represent landowners in the development of forest carbon offset projects and the related sale of offset credits resulting from those projects. These projects are forecasted to generate hundreds of millions of dollars in revenue for our clients. In addition, we have represented clients during the development of other carbon offset projects, including those related to the destruction of ozone depleting substances and renewable energy projects undertaken through the Clean Development Mechanism. 
  • Biofuels. We represent clients in domestic biofuels markets, including advising on the registration of new biodiesels, rules relating to their importation into U.S. markets, and compliance with California’s Low Carbon Fuel Standard.
  • Corporate Sustainability. We advise retail, technology, manufacturing, and other sector clients on corporate sustainability issues, including those related to carbon neutrality and the sourcing of voluntary GHG offset credits. For example, we helped a major U.S. corporate purchaser of voluntary carbon offset credits manage the risks (reputational, brand, and transactional) associated with the voluntary carbon market. Our advice encompassed the details of purchase and sale agreements, as well as novel issues regarding taxation, accounting, and securities law compliance issues associated with GHG trading and credits.