The regulation of greenhouse gasses to reduce the rate of climate change has grown
into significant legal and public policy issues. Today it dominates the news.
The legal jurisprudence on this critical issue is evolving constantly and growing
ever more complex. This issue has jumped to the forefront for many of our clients
with the passage of California Assembly Bill 32, continued litigation on analysis
of greenhouse gases and climate change impacts under the California Environmental
Quality Act (CEQA), development of climate change programs by local agencies,
and other proposed state and federal regulation. In this rapidly changing and
developing area, Meyers Nave provides a multi-disciplinary approach for advising
clients on all aspects of climate change and greenhouse gas emissions regulation.
Our Experience, Your Advantage
Meyers Nave has significant experience with respect to a wide variety of areas
relating to regulation to address climate change. Our Land Use and Public Law
practice groups have been at the vanguard with respect to developing approaches
for analyzing climate change impacts under CEQA. These groups also have been
involved in advising agencies on the development of climate change programs.
As an example, our representation of large harbors, ports and airports has provided
our attorneys with experience and perspective with respect to the development
of greenhouse gas and criteria pollutant reduction programs.
We also represent utilities and energy sector companies, which, as large emitters
of greenhouse gases, are subject to existing and proposed regulation. We advise
our clients with respect to all aspects of climate change regulations and issues.
Our experience can help navigate the complex labyrinth of today’s current
regulations. We also closely monitor and represent our clients’ interests
in the development of new regulations. Of course, when needed, we zealously
defend their interests in litigation proceedings.
We firmly believe that our experience and knowledge with respect to these
important issues gives our clients a unique advantage. We are passionate about
providing our clients with the highest quality representation. As such, we are
constantly writing and speaking on issues such as these.
Areas of Our Experience
Land Use – Every day, planning documents and
development projects are being scrutinized for their impacts on global warming.
Agencies are debating how to address this important issue in planning decisions
and evaluating the practical measures of mitigating GHG emissions. We advise
local governments and private parties on plans and project elements to reduce
greenhouse gas emissions including: transportation demand management plans,
green buildings, energy conservation, emissions reductions, resource conservation,
and broad-based planning policies (ex. “smart growth” and transit-oriented
development (TOD)). Meyers Nave has particular knowledge with respect to emissions
reduction programs for large emitters, such as ports, airports, and utilities.
CEQA/NEPA – Whether and how climate change
and greenhouse gas emissions should be addressed under CEQA and the National
Environmental Policy Act (NEPA) is a developing area of law. We advise clients
on options for analyzing these issues in environmental documents under CEQA
and NEPA. Meyers Nave also is defending lawsuits challenging climate change
analysis under CEQA. Our expertise in this area includes: (1) disclosure and
quantification of a project’s greenhouse gas emissions and their potential
adverse environmental impacts; (2) standards to determine if a project's emissions
are a significant impact; (3) development of effective and enforceable mitigation
measures and plans to reduce emissions; and (4) the use of exemptions and negative
declarations for projects with potential global warming impacts.
Public Law – Meyers Nave advises public agencies
on new climate changes regulations and how they impact their decisions and authority.
We provide guidance in development of local climate change programs and methods
for funding greenhouse gas reduction measures (ex. impact fees, assessments,
and taxes). Our advice includes consideration of the interface of local programs
with state, regional and proposed national regulations.
Green Building – Meyers Nave advises public
and private clients on the development of green building programs and sustainable
construction practices, including energy efficiency measures and the use of
recycled materials. We have helped public agencies draft and implement mandatory
and incentive-based regulations requiring construction practices that exceed
California's building and energy code standards. Our advice considers the practical
and policy considerations behind a successful green building program, as well
as legal and enforcement issues.
Regulatory advice and compliance – We provide
advice on compliance with existing greenhouse gas laws and regulations. We also
provide analysis of the impact of proposed regulations. We have been closely
monitoring the development of regulations under AB 32 by the California Air
Resources Board (CARB) including: the identification of Early Action Programs
to reduce emissions; development of standards for measuring and reporting emissions;
and benefits for entities which take steps to reduce emissions prior to implementation
of final regulations.
Utilities – Our utility attorneys currently
represent several municipal electric, wastewater and water utilities that will
face significant challenges in complying with AB 32. Our utility attorneys experience
in negotiating and preparing agreements to exchange and/or purchase Volatile
Organic Compound (VOC) Emission Reduction Credits (ERC) provide us with unique
insight into potential "cap and trade" programs for carbon emissions.
We are also experienced in building renewable energy power facilities, including
geothermal, solar and hydroelectric plants, as well as co-generation facilities.
Our public contract experts are familiar with contracting rules that permit
public agencies to build these facilities using a qualifications-based project
delivery method, instead of a traditional competitive bidding process.
View
or download a PDF of our Climate Change and Green Practice Group Brochure
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