Jenner & Block

Climate and Clean Technology Law

Climate and Clean Technology Law Transactions & Cases

Regulatory and Public Policy

  • Advising a multinational corporation on greenhouse gas emission inventories, metrics and reduction efforts, to anticipate and comply with regulatory requirements. 
     
  • Negotiating a resolution of complex regulatory matters before the Illinois Environmental Protection Agency and the U.S. Environmental Protection Agency to allow the start up of a former petroleum refinery.  The manufacture of reformulated gasoline required construction of new equipment and a means to manage new wastes.  Regulatory matters dealt with permitting, legal interpretations, and variances arising under the statutory requirements of applicable federal and state laws.
     
  • Analyzing legislative and regulatory incentives and hurdles affecting the development of alternative fuels, including hydrogen.
     
  • Providing strategic advice and advocacy before the U.S. Congress, Administration and agencies.
     
  • Reviewing and advising on numerous off-take agreements, long-term supply agreements, forward sale agreements, pipeline agreements, and commodities hedge agreements.
     
  • Representing an energy company in negotiations with government agencies and providing legal counseling on environmental and energy issues for development of a natural gas pipeline.
     
  • Advising a petroleum refinery on the obligations and procedures for meeting the federal mandates for reformulated gasoline.
     
  • Advising a consortium of Midwest energy companies, consultants, government agencies, and public interest groups promoting energy efficiency, sustainability in production, and alternative energy developments in a variety of forums.

Litigation

  • Representing an international energy company in a class action matter, before the U.S. District Court for the Southern District of Mississippi and the Fifth Circuit Court of Appeals, in which the plaintiffs are attempting to hold the energy industry responsible for damage caused by alleged climate change.
     
  • Representing an energy company in a dispute over the sale of a waste-to-energy plant.
     
  • Representing a commercial property owner in investigation of environmental issues and potential claims concerning nearby development of wind farm in Eastern U.S. community.
     
  • Representing a European corporation in patent infringement litigation relating to polymer compositions containing destructurized starch and biodegradable starch articles.
     
  • Representing a purchaser of patents from a bankruptcy in order to enforce intellectual property rights over biodegradable plastic products.
     
  • Representing plaintiffs in a patent arbitration related to nickel metal hydride (NiMH) batteries for hybrid electric vehicles.
     
  • Representing an inventor in patent infringement litigation involving electronic ballasts for compact fluorescent light bulbs.
     
  • Assisting natural gas, petroleum refining, electric generation, crude oil production, and pipeline distribution companies with a variety of permitting, regulatory and litigation issues.
     
  • Representing a utility company against the federal government in spent nuclear fuel storage litigation, which resulted in a settlement in which our client has recovered over $150 million. 
     
  • Representing a waste tire-to-energy company in state administrative enforcement actions.  This representation included negotiating amendments to the facility’s operating permit and preparing a Title V permit application.

Transactional

  • Advising a utility company on development of solar power generation plant on an urban brownfields property.  The plant, which is the largest urban solar power plant in the U.S., became operational in early 2010.
     
  • Representing a public company client focused on solar, hydrogen and hybrid battery technologies, on a broad range of corporate, securities, joint venture, intellectual property, litigation and other matters.
     
  • Overseeing the environmental aspects of an ownership transfer for a waste-to-energy facility, including the transfer of permits, negotiation of an indemnity agreement, and evaluation of documents to be provided to the new owner.
     
  • Representing an energy company regarding construction of a three gigawatt natural gas-fired electric generating peaker plant.  This included securing new source review permits, Title IV acid rain permits and operating permits. 
     
  • Representing a private company focused on a proprietary cutting edge energy conservation solution, with respect to corporate formation, licensing, trademark registration and other intellectual property asset management counseling.
     
  • Advising a public company on developing greenhouse gas emissions inventories and negotiating contracts for the sale of potential greenhouse gas emissions credits.
     
  • Advising a pension trust owner of several buildings in downtown Chicago on a number of sustainability-related leasing issues, including the allocation of operating expenses associated with replacing existing equipment for a building with more energy efficient equipment, and the "greening" of office lease forms for existing buildings.
     
  • Representing a landowner in the drafting and negotiation of a wind farm lease relating to land located in Mead County, Kansas.
     
  • Representing a private company with respect to the acquisition of carbon credits in conjunction with a reforestation project in Madagascar.