Climate Change and Sustainability

Sustainability and climate change are global issues that create significant and increasing demands and provide new opportunities for businesses.  Procopio is uniquely suited to help our clients come to terms with the impact of global to local climate change requirements and to service the business opportunities in the cleantech and alternative energy fields.  Procopio has significant experience in climate, alternative and renewable energy, cleantech, environmental, land use and sustainable development issues such as intellectual property protection, public and private financing, due diligence investigations, drafting and negotiation of transactional documents, SEC disclosures and reporting, business formation, tax advice, permit compliance, enforcement counseling and litigation, specific plans and CEQA issues.  

Energy and Climate Litigation

As California develops its climate regulatory program it is required to employ technologically feasible and cost effective mandates, arguments about the California’s consistency with the statutory standards will likely arise.  Because the science of climate change is still in debate, the probability for disputes regarding project impacts and whether they are significant will result in conflicts.  Securities disclosures and reporting, intellectual property rights and due diligence in merger and acquisition transactions will lead to disputes.  Procopio attorneys have extensive experience resolving environmental, energy, business, intellectual property and financing matters through alternative dispute resolutions, administrative hearings and federal and state courts.

Market-Based Compliance Mechanisms

California law provides for the creation market-based mechanisms that include declining annual aggregate greenhouse gas emissions (“GGE”) limits and/or GGE exchanges, banking, credits or other transactions in order to achieve statutory GGE reduction mandates.  Procopio represents carbon credit sellers and buyers in negotiating alternative compliance mechanisms.  Our Emerging Growth and Technology practice group can assist start-up companies that want to enter into the alternative compliance market.  This group has extensive experience with air quality compliance issues and can advise clients on market credit transactions and investments.

Public Policy

Procopio is tracking the developments in the federal and state legislative arenas, and advising clients on the implementation of the California Global Warming Solutions Act of 2006 (AB 32).  We provide practical climate information that tracks regulatory developments regarding climate change and through our corporate partnership with Scripps Institution of Oceanography we have a special appreciation for the scientific debate surrounding the climate change issue.

Renewable Energy and Cleantech Markets

Energy supply and demand affects all business interest as well as national, state and local policy and legislative programs.  Procopio works with clients on some of the most innovative energy and cleantech projects involving wind, solar, geothermal, electric motors and alternative fuels.  We provide advice and representation on all aspects of project development including finance, environmental and land use permitting, taxation, intellectual property, licensing, securities reporting requirements and due diligence.

Transportation, Land Use and CEQA

In California, land use and local transportation planning is seen as an important tool to manage the state’s impact on climate change.  Policies promoting mixed-use and high-density developments that form urban villages to encourage walking, bicycling and use of public transportation are increasingly the norm.  GGE are now an important consideration in analyzing a project’s impact.  Determining when those impacts are significant is critical to the CEQA review process.  Providing legal counsel for projects involving land use and CEQA matters is a long-standing and important part of Procopio’s sustainability practice.

Sustainability

Sustainability and green business practices are rapidly becoming a requirement for businesses and individuals in California.  Those who adopt sustainable practices will be better positioned to adapt to the changing environment and to take advantage of new business opportunities regarding renewable resources while preserving our natural capital.  Procopio’s sustainability practice supports clients by assisting on project financing, negotiating and drafting transactional documents, advising on statutory and regulatory requirements including energy tax credits, SEC disclosure obligations, climate change (such as carbon cap-and-trade) programs and project LEED-certification for sustainable buildings.

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Join the Procopio Environmental Breakfast Club for a series of Climate Change Programs on October 16th, November 13th and December 4th.  The programs will feature such distinguished speakers as Cindy Tuck, Undersecretary of the California Environmental Protection Agency, and Richard C. J. Somerville, Distinguished Professor Emeritus at the Scripps Institution of Oceanography, University of California, San Diego and author of “The Forgiving Air: Understanding Environmental Change”.  Click here for more details on these informative programs.

View presentations by the speakers for the October 16th Breakfast Club:

John J. Lormon, Esq. Presentation
Undersecretary Cindy Tuck Presentation