Climate Change and Sustainability

The political, business, and regulatory responses to climate change are quickly evolving in regional, national, and international forums, and demand agile, integrated responses across legal disciplines. K&L Gates’ Climate Change and Sustainability task force brings our clients the multidisciplinary approach necessary to understand and address the complex challenges and emerging opportunities.

We represent the full spectrum of entities touched by climate change issues, including those involved in energy production and consumption, industrial manufacturing, clean technology, natural resources, lending and investing, and the variety of companies that want to incorporate “green” practices into their businesses.

More than 150 of the firm’s lawyers help clients address issues around climate change, carbon emissions and trading, clean technology, alternative energy, and sustainable development. We draw on a range of areas, including construction, corporate/transactional, environmental, energy, financing, intellectual property, international law, public/municipal finance, public policy, real estate, and tax. Notably, the group’s lawyers hail from more than 20 of the firm’s offices in the United States, Asia, Europe, and the Middle East.

Among our members are former U.S. Environmental Protection Agency, Department of Justice, and state environmental officials; leaders in trade and legal associations tracking climate change and sustainability issues worldwide; former in-house counsel for traditional and innovative energy companies; an internationally recognized leader in climate change issues in Asia; a former European Court of Justice official; and a Senior Legal Research Fellow for the Centre for International Sustainable Development Law at McGill University (Montreal, Canada).

The group has completed over 300 regulatory, transactional, financing, intellectual property, and real estate matters for companies, nonprofits, and public agencies engaged in greenhouse gas mitigation, carbon trading, and renewable energy projects. The team also maintains a robust public policy practice helping our traditional energy and clean technology clients navigate the related policy and regulatory issues and access government appropriations and grants.

We are committed to assisting clients in a range of issues, including:

• Developing and implementing greenhouse gas mitigation programs worldwide
• Shaping public policy and legislative responses to climate change in the United States and Asia
• Carbon trading and establishment of carbon trading funds for investors
• Obtaining financing for renewable energy projects
• Securing government grants, appropriations, and subsidies
• Permitting clean technology and carbon sequestration projects for traditional and innovative energy companies
• Establishing, documenting, and marketing carbon credits and renewable energy credits
• Satisfying compliance obligations arising under environmental, public utility, securities, and corporate governance laws and regulations
• Advising on litigation risks and insurance coverage
• Securing and enforcing patents for a range of clean technologies

Our main areas of practice include:

• Greenhouse Gas Emission Mitigation
  • Greenhouse gas reduction and mitigation plans
  • Carbon offset and sequestration plans
• Project Development and Financing
  • Project financing and development
  • Transmission infrastructure projects
  • Facility siting and permitting
  • Engineering, procurement, and construction agreements
• Patents for Clean Technology
  • Patent prosecution
  • Technology transfer and licensing
  • Risk analysis for investors
• Sustainable Development
  • "Green" leasing and construction
  • LEED compliance
  • Related real estate matters
• Transactions and Lending
  • Licensing, joint venture, and M&A transactions
  • International transactions
  • Due diligence
  • Risk analysis for financial institutions and investors
  • Government contracts
  • Private equity and venture capital investments
• Tax Incentives and Credits
  • Green tags, carbon credits, and renewable energy credits
  • Carbon trading
  • Tax analysis
• Federal and State Regulatory Compliance
• Public Policy and Government Funding
  • Appropriations, grants, and subsidies
  • Municipal finance/public-private partnerships
  • Lobbying and government affairs
  • Monitoring and analysis
• Corporate Governance
  • General corporate governance issues
  • SEC compliance and disclosure
• Litigation
  • Construction contracting litigation
  • Insurance coverage issues
  • Regulatory rulemaking and related litigation