Many companies are turning to their outside counsel for advice as they navigate the rapidly expanding clean energy transition. The United States and many other countries are in the midst of perhaps the most rapidly evolving and disruptive period of energy, environmental, and social transition in history. Diminishing and ultimately eliminating carbon and other greenhouse gas (GHG) emissions from the U.S. and global energy systems have become a priority of the government, energy providers, consumers, and investors here at home and around the globe.
Our attorneys and advisors are helping clients evaluate their opportunities to create climate solutions and, in some instances, repurpose assets to capture value in the clean energy markets. Some clients are seeking our advice as they consider changes to operating and reporting practices to meet the expectations of customers, investors and government agencies.
Thompson Coburn’s advisors on energy and environmental policy, the legislative process and government regulation, and our energy, environmental, corporate, and tax attorneys are well-versed in the various agencies, regulations and laws that affect companies involved in and affected by the clean energy transition. We are working with clients on carbon capture utilization and storage (CCUS), greenhouse gas (GHG) reporting, renewable energy, blue and green hydrogen and ammonia production, net-zero LNG, emissions reduction verification and trading, and the modernization of our nation’s physical, IT, and social infrastructure. The Thompson Coburn team has a deep understanding of the laws, policies, regulations, markets, technologies and politics that will shape the new clean energy infrastructure.
Our people have served in senior roles at the U.S. Department of Energy, the Federal Energy Regulatory Commission, the Departments of the Interior and Transportation, the Treasury and IRS. Thompson Coburn attorneys have also worked at federal and state environmental protection agencies, as staff on key committees of the U.S. Senate and House of Representatives and State Legislatures, worked with Governors across the country, and have served as state and local government officials.
Clean Energy Project Development
Successfully assisted an industrial facility in its conversion from grid electricity to onsite solar power. The representation included negotiating a ground lease for the installation of the solar project. Once operational, the client expects a 90% reduction in use of grid electricity.
Currently working with a group of developers to create a zero-emission industrial complex that will integrate natural gas and renewable electricity generation and CCUS technologies to manufacture “blue” and “green” hydrogen and ammonia and capture and store 5 million tons of CO2 each year.
Helping a company to secure government backing and tax credits to support financing for the construction of the first low-carbon ammonia plant with a grass- roots ownership model.
Assisted with the development of a carbon capture utilization and storage (CCUS) advisory services business.
Effectively assisting a forest products company with the evaluation of their 70,000 acres of forests under management and of implementing a carbon sequestration project to obtain marketable carbon credits. Worked with the farm’s forester to evaluate the potential amount of carbon sequestered in the forests and with different carbon registries and aggregators to evaluate the number of carbon credits that could be issued.
Assisted landfills in evaluating the feasibility of implementing voluntary emissions reduction projects consisting of a landfill gas-fired waste-to-energy project to obtain marketable carbon credits. We worked with the landfill’s consultants to evaluate the potential carbon reductions from the projects and with different carbon registries to assess the number of carbon credits that could be issued.
GHG Emissions Policy Development and Implementation and Regulatory Compliance
We assisted companies in creating environmental policies and business practices to address the accelerating demands of governments, investors and customers to eliminate the use of energy and technologies that contribute to climate change.
On a regular basis, we analyze climate change legislative proposals, regulatory changes, and policy considerations on behalf of clients, industry groups, municipal leagues, and chambers of commerce to help them develop strategies to effect new requirements and manage GHG regulations and other related climate change considerations.
Our people have extensive experience working with clients in the development of federal and state CO2 storage requirements with regard to the implementation and use of the Section 45Q tax credit for carbon capture and storage.
A leading carbon management and enhanced oil recovery client has asked us to help navigate the laws and regulations that affect their desire to achieve net negative emissions, including the emissions from the use of its products (Scope 3 emissions), within this decade.
Emissions Credit Certification and Value Management
Helped multiple clients evaluate GHG emissions tracking and reduction projects following the U.S. Supreme Court’s Massachusetts v. EPA decision.
Successfully working with several clients to evaluate the viability, cost, and means of production and acquisition of agricultural and forestry offsets to meet the regulatory requirements for the GHG emissions markets of California, Europe, and other regions of the globe.
Working with clients in the development of a monitoring, reporting and verification program for calculating carbon dioxide equivalent (CO2e) credits for the manufacture and sale of “blue” and “green” hydrogen and ammonia.
Assisted a developer of a liquefied natural gas (LNG) with the management of a regulatory pathway to enhance the value of the net-zero carbon dioxide equivalent (CO2e) emission characteristics of its process for making netzero emission (LNG) for global export.
Assisted a higher education institution in establishing a GHG emissions bank that would function similarly to a wetlands conservation bank with evaluation of potential carbon credits available for wetlands and related water storage projects.
Evaluated various U.S. and international carbon credit standards to see what carbon credit (if any) might be available for water/wetlands banking projects and how the GHG reduction from such projects could be compared to other, more standard GHG reduction projects.
Effectively assisting the work of world-class energy research and analysis firms to develop a nonprofit clearinghouse of centralized, normalized, and certified oil and natural gas industry methane emissions data for use in energy, financial, and government activities around the globe. The clearinghouse will provide data for transparent, immutable and consistent reporting and disclosure to validate industry performance and ensure the value of investments in low or zero-emission hydrocarbon projects, operations, and products.
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