Insetting & Value Chain Intervention

As part of our Climate Change & Carbon Markets practice, we advise companies on designing and implementing high-integrity carbon insetting and value chain intervention programs to reduce Scope 3 emissions. We work with clients at all levels of the value chain, from commodities producers to consumer-facing companies seeking to market low-carbon products or services in the food and beverage, technology, retail, fuels, and other sectors.

Our experienced team helps clients structure, negotiate, contract for, and govern emission reduction initiatives across complex value chains—integrating legal risk management, commercial objectives, and defensible carbon accounting. Our attorneys have worked in regions across the globe, advising on regulatory compliance, stakeholder engagement, and all major carbon accounting standards and frameworks. These efforts can include helping to reduce overall corporate emissions, reduce the GHG intensity of a product, source lower-carbon fuels or energy sources, or develop GHG mitigation platforms and products that help companies achieve their GHG reduction and supply chain objectives.

We help clients navigate:

  • Complex transactional structures to track and allocate GHG rights and ensure alignment with product sourcing or other value chain components.
  • GHG reporting requirements.
  • National and local laws governing consumer marketing and GHG claims.
  • GHG accounting frameworks such as the Greenhouse Gas Protocol, ISO, and others.
  • Carbon registries such as ACR, Verra, Gold Standard, and others.
  • Article 6 mechanisms under the Paris Agreement.
  • SBTi and other target-setting frameworks.
  • Contracts to attribute in-supply-chain reductions to specific products or entities and ensure accurate carbon accounting across subsidiaries and supply-chain partners.

Our dedicated team of lawyers works across many industries and understands the complexities of different value chains, opportunities for GHG intervention, and how to de-risk insetting programs. We apply a combination of transactional, regulatory, and litigation skills to ensure that our clients can confidently launch defensible and industry-leading value chain GHG mitigation programs and insetting platforms.

Companies choose insetting to:

  • Exercise greater control over emission reduction initiative design, data, and outcomes.
  • Create direct investment into operations or supply-chain relationships.
  • Generate higher-value interventions that can be reported and marketed as within the corporate supply chain.
  • Align climate action with core business value (resilience, quality, cost, co-benefits).
  • Support brand, customer, investor, and partner expectations for credible action.
  • Comply with GHG accounting frameworks and consumer claims requirements.

Why B&D?

We combine deep environmental markets fluency with transactional, due diligence, disclosure, regulatory, and enforcement experience, helping clients translate technical carbon work into legally robust programs—with the minimum of transactional overhead. Our lawyers advise across U.S. and international regimes and are conversant in standards and consumer-protection rules that affect how climate benefits can be created, transferred, and communicated.

Representative examples of our work include:

  • Advising major technology companies on supply chain emissions reductions and specific interventions.
  • Advising a major technology company on capturing the full Scope 3 benefits of its value chain interventions that involved solar energy projects at supplier facilities to reduce the GHG impact of those facilities.
  • Assisting airlines and other businesses with sourcing sustainable aviation fuel and other low-carbon fuels.
  • Advising airlines on sustainable aviation fuel transactions and the proper attribution of carbon reduction claiming rights.
  • Developing standardized book-and-claim systems for intangible environmental commodities.
  • Supporting a major beverage company on insetting programs.
  • Counseling Copalli Rum through the launch of its carbon-negative spirit.
  • Guiding a major chemicals and manufacturing company on corporate emissions strategy, allocation of emissions, and development of net-zero products.
  • Structuring agricultural commodity supply chain insetting programs.
  • Providing strategic, structuring, and transactional support to support new companies or initiatives that develop supply chain or inset offerings, across various industries.