Perkins Coie attorneys have been actively involved in climate policy development at the federal, state, and local levels. Our team includes a former associate director at the President’s Council on Environmental Quality in Democratic and Republican administrations, who worked on the climate change assessment guidance under NEPA.

Our recent work includes the following:

• Providing greenhouse gas and trade policy advice to a lead investor in carbon sequestration projects.
• Advising clients on the development of organized wholesale markets in regions of the United States where they currently do not exist, as well as structural changes needed in existing organized energy markets, all to support clients’ goals of increasing carbon-free energy use in those regions.
• Serving as lead counsel for a coalition of utilities negotiating and drafting the Washington Clean Energy Transformation Act (CETA).
• Assisting large end users of power navigate the complexities of major new clean energy and carbon reduction legislation such as the Virginia Clean Economy Act.
• Advising clients on the development of rules governing the assessment of greenhouse gases in connection with projects requiring review under NEPA and similar state laws.

Perkins Coie attorneys advise clients on compliance with federal, state, and local greenhouse gas regulations. Our recent work includes the following:

• Advising a power plant operator on the greenhouse gas emission requirements associated with a Clean Air Act (CAA) permit amendment authorizing an upgrade of the facility.
• Advising the developer of a major interstate natural gas pipeline in the eastern United States regarding greenhouse gas emission mitigation opportunities and regulatory developments.
• Advising a large national retail client regarding state regulatory developments across the country that may apply to its business.
• Advising the developer of a major intermodal transportation infrastructure project on the assessment of climate-related impacts under federal and state environmental assessment statutes.
• Advising multiple clients on the application of Washington state’s Climate Commitment Act (CCA) to their facilities. Similar to California’s emissions cap-and-trade program, the CCA establishes an economy-wide limit and market for carbon allowances and offset projects.

We are advising many clients on the development and implementation of carbon reduction strategies. Our recent work includes the following:

• Advising a large electric power user on ways to achieve aggressive carbon-free energy commitments. We have helped the client purchase renewable power, develop 24/7 carbon-free commitments in procurement contracts, and navigate related regulatory issues.
• Assisting a major technology company’s development of agreements to support use of sustainable aviation fuel to mitigate the client’s scope 3 emissions associated with business travel.
• Representing DTE Electric Company on a variety of regulatory and commercial issues concerning wind, solar, and electricity storage acquisition and market participation to help the company achieve its goal of net zero carbon emissions by 2050.
• Representing Alliant Energy in transactional and regulatory matters associated with acquiring wind and solar resources to achieve its net zero carbon dioxide goal.
• Representing Puget Sound Energy in transactional and regulatory matters in connection with its “Beyond Net Zero Carbon” goal, in which the energy company has committed to (1) reducing emissions from electric and gas operations and electric supply to net zero by 2030; (2) a carbon-free electricity supply by 2045; and (3) an aspirational goal to reach net zero carbon emissions for natural gas sales by 2045, with an interim target of a 30% emissions reduction by 2030.

We advised a large corporation on strategies and deal structures for grants and commercial investments in nature-based carbon sequestration and emissions-avoidance programs in Europe, North America, Latin America, and Asia. We advised the client on contracting and verification processes involving various governments, nongovernmental organizations (NGOs), and technology companies.

Our attorneys work with clients to develop and monetize carbon offset and sequestration projects. Our recent work includes the following:

• Providing transactional and strategic advice to lead investors in potential multibillion-dollar international projects to generate carbon reduction credits from tropical forest restoration, sustainable agroforestry, and conservation.
• Advising clients on the generation of Section 45Q tax credits in connection with investment in carbon sequestration projects. Projects involve carbon capture in the atmosphere or at emission points. Sequestration can involve injection in geologic structures or consumption using biological processes.
• Advising a client on issues associated with the capture of carbon from its industrial activities, including the application for 45Q tax credits.
• Advising the developer of new technology on the potential public funding opportunities and opportunities to sell carbon reduction credits associates with the implementation of the technology.
• Advising an investor evaluating the value and integrity of large forestry offset projects selling into the California compliance market.

The U.S. Securities and Exchange Commission (SEC) published guidance on reporting of climate-related risks in 2010, and further SEC action is expected. We are advising clients on the SEC requirements. Our attorneys are well versed in the voluntary disclosure recommendations of the Task Force on Climate-Related Financial Disclosures (TCFD), the Sustainability Accounting Standards Board (SASB), and the Climate Disclosure Standards Board (CDSB).