Adapting to climate change in the law.
Bernstein Shur’s Climate Change Group helps clients navigate the intersection between business and the climate.
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Our Climate Change Group is made up of attorneys and other professionals who are dedicated to understanding how the shifting landscape of evolving state and federal environmental regulations may affect your business. Our team members represent clients across a wide variety of industries, helping them to achieve their business goals while understanding and adapting to the unique challenges of how climate change is impacting the law.
This interdisciplinary team represents clients of all sizes in complex multijurisdictional environmental litigation, the development and interconnection of renewable energy projects, governmental affairs, and in navigating the business, tax, and regulatory implications of climate change within energy-related transactions.
Courts are already determining liability for failing to plan or account for climate impacts. State and federal courts, along with legislatures and implementing regulatory agencies will be deciding both the broad and narrow details of assessing responsibility for climate impacts, mitigation, and adaptation. Our litigation expertise is nationally recognized— for its unsurpassed depth in industry liability. Assisted by our business and environmental professionals, who have extensive experience in litigation consultation and negotiation of complex settlements of both state and federal environmental claims, we are available should the need for climate change-related litigation arise.
With deep experience in the finer points of solar, wind, biomass, hydro, battery, and gas generation; merchant generation and transmission; distributed resource integration; and associated legal and political challenges, our Climate Change Group assists clients with renewable energy projects of all sizes. In addition to serving hundreds of renewable energy clients, this Group also regularly counsels stakeholders and decision-makers on detailed energy policy around grid modernization from Maryland to Minnesota to Maine.
Our environmental team is involved in the policies and politics surrounding local, state, and federal environmental law, and we are in regular contact with governmental agencies to help our clients maintain or achieve compliance. In the development process, or when mergers and acquisitions take place, our environmental team provides due diligence support to help ensure that permits match ownership and operations, and provide counsel on ensuring compliance at all levels of government. This team also regularly negotiates complex settlement agreements on behalf of clients to resolve any alleged violations and associated litigation.
Our team’s professionals have a substantial background in navigating the State Houses and regulatory agencies of Maine and New Hampshire. We also have experience working with the White House and with relevant energy and environmental agencies. Our governmental affairs team has particular expertise in media outreach, and our attorneys have advised clients in half of the U.S. capitals in recent years on climate-related energy and environmental issues.
From greenhouse gas offset deals to inking complex generation developments and financings to business restructuring, our attorneys are involved in matters across the U.S. increasingly involving climate risk mitigation.
We provide general strategic advice to clients on climate risks including change of law risk, liability trends, and how to position their businesses for challenges and opportunities in meeting climate change head-on. The U.S. Securities and Exchange Commission is once again updating its guidance for addressing climate risk for publicly traded companies, and we are closely monitoring these updates to provide our clients with the best path forward. As clients work to mitigate climate change, we provide advice on how to structure transactions to maximize the benefits of tax credits and state initiatives for clean energy projects.
- Understanding of the regulated utility and non-incumbent challenges
- Knowing the intersections of wholesale markets, utility systems with emerging retail services up to FERC regulation
- Natural gas plant development
Our practice includes:
- Representing a national petroleum distributor and retail chain in ongoing groundwater contamination litigation
- Counseling on the integration of carbon regulation and state renewable procurements with related energy, renewable credits, capacity, and other markets
- Providing development, transactional and compliance counsel for solar, wind, biomass, hydro, battery, and gas projects throughout the country
- Negotiating settlements with federal agencies and the Department of Justice related to alleged violations of various federal environmental laws
- Acting as outside general counsel for a major regional transmission merchant developer