Renewable Energy and Climate Change
Cox, Castle & Nicholson LLP has a comprehensive climate change and renewable energy practice with the experience and depth to assist clients in addressing the new and complex area of climate change regulation,; and to capitalize on emerging business opportunities. With the passage of AB 32 — the California Global Warming Solutions Act of 2006 — climate change emerged as an important business and legal issue in California. At the federal level, the United States Supreme Court’s decision in Massachusetts vs. EPA has set the stage for the possible regulation of greenhouse gases under the Clean Air Act. It is also likely it will only be a matter of time before the United States Congress enacts new laws addressing climate change. These new climate change laws and regulations will touch almost every business activity from traditional smokestack industries to energy production to development of new commercial and residential projects. Not since the passage of landmark environmental laws such as the Clean Air Act and the Clean Water Act three decades ago has there been such an important and far-reaching effort to enact new environmental statutes and regulations.
Our renewable energy and climate change attorneys counsel clients on the climate change aspects of energy and natural resources development, residential and commercial developments, industrial projects, energy use, renewable energy and energy infrastructure projects. Our expertise includes the California Environmental Quality Act (CEQA), National Environmental Policy Act (NEPA), litigation, regulatory compliance, design and implementation of carbon markets (cap and trade) and government agency relations. We represent a variety of clients involved directly in alternative energy production and development and companies with renewable energy interests including property owners, residential and commercial developers, institutional investors, private equity firms, financial institutions and public entities.
Our practice leverages experience from a wide variety of legal disciplines to address the broad spectrum of issues facing the real estate, development and business communities as a result of new legislation and regulations addressing climate change. Our attorneys work together to guide our clients through strategic decisions, policy initiatives, development, state and federal regulatory proceedings and litigation.
We focus on, among others, the following areas of specialization:
Renewable Energy Projects: Our attorneys assist clients in connection with the development and building of renewable energy projects from the ground up, from land assembly, to negotiation of access rights, to land use permitting and environmental compliance during operation. We have assisted in permitting hundreds of megawatts of wind, solar, geothermal and biodiesel plants throughout California. With broad expertise in the development of all types of real property, environmental regulation and land use, our attorneys can assist clients as they navigate through the laws and regulations governing the approval of alternative energy projects at the local, state and federal levels. Among others, we have helped solve problems related to radar interference and avian mortality, induced seismicity, visual and noise impacts as well as transmission capacity. When necessary, our experienced team of litigators can assist clients with disputes associated with the development of these facilities.
Climate Change and EIR Issues: Our attorneys advise numerous private developers and public agencies on the evaluation of climate change impacts in environmental impact reports. We are involved in matters involving climate change analyses under CEQA and are at the forefront of this rapidly evolving area of CEQA law. We advise business advocacy groups on CEQA climate change legislation and actively speak at various seminars and events on this issue. Our practice is uniquely situated to address climate change issues that affect our clients’ projects. Our attorneys can draw on an unparalleled depth of existing experience to assist clients with addressing climate change issues under CEQA.
Litigation: We have an extensive and experienced group of litigators who represent clients in all types of real property, land use, environmental and business disputes in state and federal court and before administrative bodies. Our attorneys were involved in the first major CEQA lawsuit in California in which climate change impacts were being asserted against the adoption of a major land use plan. As a result, our attorneys negotiated the first climate change settlement with the California Attorney General’s office. In addition, our attorneys have litigated a wide array of environmental, energy and land use matters. We have the depth of experience in environmental and land use litigation to assist clients with lawsuits stemming from the implementation and enforcement of and compliance with new climate change laws and regulations.
Regulatory Compliance and Implementation: We counsel property owners, developers, lenders, municipalities, pension funds and other parties on environmental risk management and renewable energy strategies. Companies must grapple with developing new policies to manage their regulatory and litigation risks. Our attorneys’ broad experience in environmental risk management and regulatory compliance offer the needed legal expertise to guide and counsel clients through a rapidly developing and evolving regulatory process. As new laws, regulations and policies addressing energy use and development and climate change emerge, we are well suited to provide guidance to clients interested in reducing their greenhouse gas emissions and, if possible, securing marketable credits for such reductions. With broad experience in environmental policy, we can assist clients in managing emerging risks and capitalizing on new opportunities resulting from the implementation of climate change laws and policies.
Green Technology and Green Building: Our renewable energy and climate change attorneys counsel clients as they move forward with green building technology, which is a key element in achieving future reductions in the emission of greenhouse gases. Our practice draws on the depth of our attorneys’ expertise in the development of real property to anticipate legal issues that might arise from building green. This includes assisting clients as they venture into green development practices, seek technical certification of and financing for green development, and seek approvals for use of new green technologies in projects.
Land Use: It has become clear since the passage of AB 32 that land use regulation will be a key tool used by regulators and others in California to achieve reductions in energy use and greenhouse gas emissions. Our renewable energy and climate change attorneys are leaders in CEQA-climate change issues. We have litigated CEQA cases addressing climate change, and are at the forefront of incorporating climate change analyses into CEQA documents. Future developments of all types - residential, commercial or industrial and public or private - will need to address climate change in the planning and permitting process. We are currently assisting clients with climate change and alternative energy issues on a multitude of different projects.
Policy Formation and Advocacy: Our attorneys actively participate in public and private policy initiatives. Our attorneys have extensive experience in the drafting of legislation and regulations and have litigated ballot measures in California trial and appellate courts. We advise clients who are both proposing and opposing ballot measures, including measures that promote development projects. In addition, our renewable energy and climate change attorneys are involved in industry and trade associations and teach, write and speak on climate change, land use, environmental and alternative energy issues to a multitude of industry groups.
Our renewable energy and climate change attorneys counsel clients on the climate change aspects of energy and natural resources development, residential and commercial developments, industrial projects, energy use, renewable energy and energy infrastructure projects. Our expertise includes the California Environmental Quality Act (CEQA), National Environmental Policy Act (NEPA), litigation, regulatory compliance, design and implementation of carbon markets (cap and trade) and government agency relations. We represent a variety of clients involved directly in alternative energy production and development and companies with renewable energy interests including property owners, residential and commercial developers, institutional investors, private equity firms, financial institutions and public entities.
Our practice leverages experience from a wide variety of legal disciplines to address the broad spectrum of issues facing the real estate, development and business communities as a result of new legislation and regulations addressing climate change. Our attorneys work together to guide our clients through strategic decisions, policy initiatives, development, state and federal regulatory proceedings and litigation.
We focus on, among others, the following areas of specialization:
Renewable Energy Projects: Our attorneys assist clients in connection with the development and building of renewable energy projects from the ground up, from land assembly, to negotiation of access rights, to land use permitting and environmental compliance during operation. We have assisted in permitting hundreds of megawatts of wind, solar, geothermal and biodiesel plants throughout California. With broad expertise in the development of all types of real property, environmental regulation and land use, our attorneys can assist clients as they navigate through the laws and regulations governing the approval of alternative energy projects at the local, state and federal levels. Among others, we have helped solve problems related to radar interference and avian mortality, induced seismicity, visual and noise impacts as well as transmission capacity. When necessary, our experienced team of litigators can assist clients with disputes associated with the development of these facilities. Climate Change and EIR Issues: Our attorneys advise numerous private developers and public agencies on the evaluation of climate change impacts in environmental impact reports. We are involved in matters involving climate change analyses under CEQA and are at the forefront of this rapidly evolving area of CEQA law. We advise business advocacy groups on CEQA climate change legislation and actively speak at various seminars and events on this issue. Our practice is uniquely situated to address climate change issues that affect our clients’ projects. Our attorneys can draw on an unparalleled depth of existing experience to assist clients with addressing climate change issues under CEQA. Litigation: We have an extensive and experienced group of litigators who represent clients in all types of real property, land use, environmental and business disputes in state and federal court and before administrative bodies. Our attorneys were involved in the first major CEQA lawsuit in California in which climate change impacts were being asserted against the adoption of a major land use plan. As a result, our attorneys negotiated the first climate change settlement with the California Attorney General’s office. In addition, our attorneys have litigated a wide array of environmental, energy and land use matters. We have the depth of experience in environmental and land use litigation to assist clients with lawsuits stemming from the implementation and enforcement of and compliance with new climate change laws and regulations. Regulatory Compliance and Implementation: We counsel property owners, developers, lenders, municipalities, pension funds and other parties on environmental risk management and renewable energy strategies. Companies must grapple with developing new policies to manage their regulatory and litigation risks. Our attorneys’ broad experience in environmental risk management and regulatory compliance offer the needed legal expertise to guide and counsel clients through a rapidly developing and evolving regulatory process. As new laws, regulations and policies addressing energy use and development and climate change emerge, we are well suited to provide guidance to clients interested in reducing their greenhouse gas emissions and, if possible, securing marketable credits for such reductions. With broad experience in environmental policy, we can assist clients in managing emerging risks and capitalizing on new opportunities resulting from the implementation of climate change laws and policies. Green Technology and Green Building: Our renewable energy and climate change attorneys counsel clients as they move forward with green building technology, which is a key element in achieving future reductions in the emission of greenhouse gases. Our practice draws on the depth of our attorneys’ expertise in the development of real property to anticipate legal issues that might arise from building green. This includes assisting clients as they venture into green development practices, seek technical certification of and financing for green development, and seek approvals for use of new green technologies in projects. Land Use: It has become clear since the passage of AB 32 that land use regulation will be a key tool used by regulators and others in California to achieve reductions in energy use and greenhouse gas emissions. Our renewable energy and climate change attorneys are leaders in CEQA-climate change issues. We have litigated CEQA cases addressing climate change, and are at the forefront of incorporating climate change analyses into CEQA documents. Future developments of all types - residential, commercial or industrial and public or private - will need to address climate change in the planning and permitting process. We are currently assisting clients with climate change and alternative energy issues on a multitude of different projects. Policy Formation and Advocacy: Our attorneys actively participate in public and private policy initiatives. Our attorneys have extensive experience in the drafting of legislation and regulations and have litigated ballot measures in California trial and appellate courts. We advise clients who are both proposing and opposing ballot measures, including measures that promote development projects. In addition, our renewable energy and climate change attorneys are involved in industry and trade associations and teach, write and speak on climate change, land use, environmental and alternative energy issues to a multitude of industry groups.
