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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.

We are pleased to announce the launch of our new interactive tracker for CCUS state legislative actions. Click here to learn more.
» 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
Chambers USA
» 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.

Key Contacts

Brian D. Israel
Brian D. Israel
Partner
Washington, D.C.;
Los Angeles
+1 202.942.6546 +1 213.243.4005
Jonathan S. Martel
Jonathan S. Martel
Partner
Washington, D.C.
+1 202.942.5470
Ethan G. Shenkman
Ethan G. Shenkman
Partner
Washington, D.C.
+1 202.942.5267
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Recognition

  • Chambers USA
    Climate Change (Nationwide) (2023)
  • The Legal 500 U.S.
    Environment: Climate Change Litigation (2023)