Climate Change

Companies seeking clarity on ever-changing climate change rules and concurrent renewable energy options regularly turn to Arnold & Porter for guidance. We have extensive experience providing regulatory and compliance counseling, participating in rulemaking activities, providing representation in government and citizen enforcement actions, and defending some of the most significant climate change-related litigation matters. We appear regularly before US EPA, the various EPA regional offices and the California Air Resources Board. More broadly, our climate change practice extends to renewable energy and renewable fuel standards, carbon trading, GHG life cycle analysis, environmental assessment of climate impacts under NEPA, state and local climate regulations, climate litigation, green real estate, and fuel efficiency laws and regulations.

Insights and Experience: Our team includes former EPA and DOJ lawyers with decades of Clean Air Act experience and the director of Columbia Law School's Sabin Center for Climate Change Law.

Broad Industry Coverage: We represent clients in the automotive, engine, railroad, fuel, electric power, stored energy and chemical industries across all aspects of the federal Clean Air Act, as well as various state programs, particularly California.

Carbon Capture Use & Storage: Our team is at the forefront of CCUS, advising clients on regulatory and liability considerations, as well as performing comprehensive assessments, of potential onshore and off-shore CCUS projects.

» Working with Columbia Law School’s Sabin Center for Climate Change Law, we maintain a comprehensive chart displaying US climate change litigation.
» Recognized nationwide by Chambers USA 2021 for climate change
Silver Stars
Chambers USA 2021

"Recognized for its handling of complex cases in relation to emerging climate change regimes. Expertise includes greenhouse gas regulation of automobiles and related emissions litigation."

"The team goes the extra mile to make sure that their clients have what they need, when they need it. The team is always thinking ahead, and they make sure they understand the relevant deadlines and that we are making progress toward meeting them."
» Visit “Model Laws for Deep Decarbonization In the United States”—maintained by Columbia Law School’s Sabin Center, which senior counsel Michael Gerrard directs.

Experience Highlights

  • Automobile manufacturer in both negotiating groundbreaking alternative greenhouse gas agreement with the California Air Resources Board and providing representation in related litigation.
  • BP in 20 novel climate change lawsuits filed by state and local governments in California, Delaware, the District of Columbia, Hawaii, Maryland, New Jersey, New York, Rhode Island, South Carolina, and Washington, and by a fishermen's trade association. The plaintiffs allege that greenhouse gas-driven sea level rise is currently damaging their coastal communities and civil infrastructures.
  • Corn ethanol manufacturing company regarding aspects of carbon credit calculations under the California Low Carbon Fuels (LCFS) program.
  • Ethanol manufacturer in regulatory proceedings and litigation concerning registration requirements for cellulosic ethanol production.
  • Growth Energy, a biofuels trade association, in connection with EPA rulemaking proceedings concerning biofuels regulation and the Renewable Fuels Standard.
  • Major manufacturer in DC Circuit litigation defending EPA regulations phasing out use of HFCs.
  • Major energy company in completing comprehensive evaluations of regulatory and statutory frameworks in assessing US jurisdictions for carbon capture, utilization and sequestration (CCUS) projects.
  • Outdoor recreation companies in filing a DC Circuit brief supporting challenge to the rescission of the Clean Power Plan and enactment of the Affordable Clean Energy Rule.
  • Truck Trailer Manufacturers Association in a challenge to greenhouse gas regulations regulating trailers as motor vehicles under the Clean Air Act and fuel economy laws.
  • Utility trade association in evaluating and commenting on proposed amendments to NEPA regulations addressing climate change impacts.
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