Whether through existing policies or new legal frameworks, companies are increasingly required to control, report or monitor their greenhouse gas emissions. As part of the compliance process, most major air emissions sources in the US require an operating permit before they can legally discharge emissions. Although federal regulations do not yet require permits for CO₂, interested parties are increasingly seeking limits on CO₂ as a pre-condition to permitting.

We counsel clients on these matters while successfully obtaining construction and operating permits under state and federal law. Moreover, we have in-depth experience obtaining federal Clean Air Act permits for facilities emitting greenhouse gas emissions. Additionally, we are available to counsel clients on the latest developments in climate law, preparing them for the expected impact to their business and jointly formulating strategic responses to stay ahead of the curve.

Our experience includes the following representative client matters:

• Advising clients on potential regulation of greenhouse gases under the Clean Air Act, state air pollution control laws and potential permitting requirements
• Advising clients on current climate change obligations under California Global Warming Solutions Act and Regional Greenhouse Gas Initiative
• Advising clients regarding an appeal from denial of air permit for lack of CO₂ controls
• Assessing climate-related project risks under the National Environmental Policy Act
• Preparing Environmental Impact Reviews analyzing potential climate change impacts of proposed commercial and residential development under the California Environmental Quality Act
• Advising an electric utility on conversion of a coal-fired power plant to a biomass energy power plant
• Advising a client on compliance with California’s Low Carbon Fuel Standard
• Advising an electric utility on compliance with Maryland’s CO₂ Budget Trading Program
• Advising a client on the applicability of the Maryland Greenhouse Gas Emissions Reduction Act of 2009