Litigation

  • Massachusetts v. Environmental Protection Agency, 127 S. Ct. 1438 (2007), the leading Supreme Court case on climate change regulation, in which we successfully represented a group of leading climate change scientists as friends of the court.

  • Multiple lawsuits and challenges to a new waste coal-fired power plant whose development has been targeted by a coalition of national environmental groups.

Strategies for capturing opportunity

  • By a major electricity generation company to help develop its climate change strategy, including exploitation of its non-fossil-fuel-fired generation fleet;
  • By a paper company to optimize its alternative energy position;
  • With the Energy and Project Finance Group in the development of wind and other alternative energy projects; and
  • To advise the redevelopment of a chemical plant into an eco-industrial park" as part of a hazardous waste closure.
  • Strategies for reducing emissions cost-effectively

Permits, approvals, development issues, and financing for fossil fuel-fired, alternative, and nuclear powered energy facilities

Climate change regulation is not implemented in full in the United States. Nevertheless, many states have limited permits to fossil fuel fired facilities because of climate concerns. Environmental groups have appealed permits for the same reasons. We have:

  • advised clients on strategies to obtain permits for coal-fired power plants in several states; and
  • litigated permit appeals in state and federal tribunals.

We have also advised clients on permitting climate-friendly projects and in exploring carbon sequestration and storage projects.

Processes for developing state, regional, and local climate policies

  • assisted a client that facilitates state climate stakeholder processes;
  • served on the climate change advisory committees to Chester and Montgomery Counties in Pennsylvania; and
  • served on the advisory committee to the regional greenhouse gas inventory effort of the Delaware Valley Regional Planning Commission