Mark E. Johnson 816.691.2724e-mail| vCard
Global climate change presents risks and opportunities to businesses, local, state and federal governments and a variety of other entities. Our Climate Change Group has the experience and creativity to manage these risks and capture these opportunities for our clients.
Practice Overview In this multidisciplinary practice, we represent and advise companies on climate change issues including the following areas: Litigation in federal, state, and local courts and administrative agencies Regulatory compliance Clean Air Act (CAA) (and state air programs)- new source review (NSR), prevention of significant deterioration (PSD), best available control technology (BACT), criteria pollutants, national ambient air quality standards (NAAQS), air quality control program (AQCP), air quality control regions (AQCR), attainment and nonattainment areas, Title V permitting, the acid rain program, and NOx, SOx, mercury, and carbon issues Clean Water Act (CWA), Endangered Species Act (ESA), National Environmental Policy Act (NEPA), and other national environmental policies Federal Energy Regulatory Commission (FERC) issues for the electric (including solar, hydro and wind), natural gas, and energy industries Carbon market and greenhouse gas issues Domestic and international natural resource energy (including coal and natural gas), renewable energy (including solar, hydro and wind) and biofuel finance, structure, and operation Energy project development Industrial energy use Real estate acquisition, planning and leasing Corporate accountability Government solutions at the federal, state, and local levels Scope of Service Our experience includes the following: Litigation Our attorneys have litigated in courts and administrative agencies and commissions in a variety of situations concerning climate change-related issues including: Challenge to denial of a permit for a coal-fired power plant on the basis of CO2 emissions Issuance of Certificate and Presidential Permit for a natural gas pipeline from Mexico to southern California involving NOx emissions in the south coast air basin Civil and criminal matters involving new source review of utilities under the Clean Air Act Defend against claims for damages and regulatory penalties from catastrophic events with potential climate-related impacts such as chemical plant explosions, railroad derailments, oil refinery floods, and grain elevator explosions Disputes concerning environmental and director and officer insurance Disputes concerning the scope of government authority to regulate greenhouse gases Assessment of climate change impacts from proposed federal actions under NEPA BACT for CO emissions from fossil-fuel-fired boilers. Regulatory Compliance We have extensive experience with environmental and energy regulation and compliance at the federal, state, and local levels. Our representation includes extensive regulatory practice before EPA, FERC, and state environmental agencies and energy commissions. We monitor and advise clients on climate change legislation, programs and initiatives. We also help clients prepare for and manage compliance with the emerging laws and regulations concerning climate change and greenhouse gas emission reductions. Energy Projects, Permits, and Management Our attorneys represent major providers, developers, and industrial users of energy, including coal, electric generation, electric transmission, oil and gas, gas pipeline, oil refining, solar, hydro and wind energy, transportation, mining, smelting and manufacturing companies. We also represent investors, lenders, developers, operators, and owners of renewable energy, biofuels, and hydroelectric projects. Our counsel increasingly involves consideration of climate change issues in the following areas: Contracting for the purchase and sale of energy Advising on cap and trade proposals and markets for SO2 and carbon Contracting for the transportation for natural gas, coal and electric energy Analyzing strategies for alternative energy sources Merging, acquiring, and transferring assets Siting and developing electric generation plants and the negotiating of related capacity rights and interconnections Negotiating of finance-related requirements based on certain carbon controls being in place Conducting market power studies Ratemaking and tariffs Real Estate Acquisition, Planning and Leasing We represent builders, developers and lenders in real estate acquisitions, planning and leasing matters involving the following: Green strategies, including certification under the USGBC Leadership in Energy and Environmental Design (LEED) green building rating system, in the design and construction industry Planning and zoning for neighborhood centers that are appealing to walking and biking visitors and mixed-use centers that incorporate residential components Negotiation and drafting of retail, office and industrial leases with long-term energy savings provisions, including high solar-reflectance index roofing materials, protecting nearby residences from light pollution, using thermal comfort and energy controls, and providing open space Preparation of construction documents that use special regionally-produced building materials, recycling of construction materials, computerized monitoring of energy and water efficiency, water management plans, and use of green materials Consultation with or lobbying of local governments that are considering adoption of green strategies as either preferences or mandates for future building plans Corporate Accountability Corporate accountability was the driving force for the Sarbanes-Oxley Act, related regulatory and stock exchange rulemaking, and enforcement actions as well as increased criminal prosecution by the Department of Justice and state attorneys general. Our attorneys assist companies in the development and implementation of policies relevant to climate change issues and in the assessment of and disclosure requirements for climate change effects on company operations. Government Solutions Our attorneys assist clients in finding comprehensive solutions to government challenges. We advise on strategies for dealing with the executive, legislative and judicial branches of government. We also help clients navigate the difficult waters of governmental bureaucracy. Our government relations practice includes advocating for our clients as lobbyists and assisting on public relations matters. With respect to climate change issues, our attorneys have helped develop and craft legislative proposals, build coalitions to enact or stop proposals in legislatures and administrative bodies, and provide legal advice on policy, public relations, and lobbying issues.
Our experience includes the following:
We have extensive experience with environmental and energy regulation and compliance at the federal, state, and local levels. Our representation includes extensive regulatory practice before EPA, FERC, and state environmental agencies and energy commissions. We monitor and advise clients on climate change legislation, programs and initiatives. We also help clients prepare for and manage compliance with the emerging laws and regulations concerning climate change and greenhouse gas emission reductions.
Our attorneys represent major providers, developers, and industrial users of energy, including coal, electric generation, electric transmission, oil and gas, gas pipeline, oil refining, solar, hydro and wind energy, transportation, mining, smelting and manufacturing companies. We also represent investors, lenders, developers, operators, and owners of renewable energy, biofuels, and hydroelectric projects. Our counsel increasingly involves consideration of climate change issues in the following areas:
We represent builders, developers and lenders in real estate acquisitions, planning and leasing matters involving the following:
Corporate accountability was the driving force for the Sarbanes-Oxley Act, related regulatory and stock exchange rulemaking, and enforcement actions as well as increased criminal prosecution by the Department of Justice and state attorneys general. Our attorneys assist companies in the development and implementation of policies relevant to climate change issues and in the assessment of and disclosure requirements for climate change effects on company operations.