Transitions in Energy and Climate Solutions

  • Successfully led an innovative transmission project crossing tribal lands. Our team of key energy and Native American leaders was uniquely qualified to carry this matter through a series of challenging negotiations to achieve a landmark joint venture that resulted in a significant victory for both Indian Country and utilities. This experience will prove particularly important as land-use conflicts for renewables continue to rise.
  • Represented a university in the lease of certain real property on the client’s campus in the District of Columbia for the development of renewable energy projects, including the development of a strategy for the associated solar renewable energy credits. The solar projects will fulfill approximately a quarter of the campus’s electricity needs and are consistent with the client’s and adjacent community’s values regarding addressing environmental degradations and threats from global warming. 
  • Representing a multi-national clean energy company on all aspects of their solar developments across the US. 
  • Representing an advanced energy technology company in all aspects of deployment of its technical and services platforms in partnership with community solar developers. 
  • Provided strategic advice and evaluation of agriculture and energy clients’ options related to decarbonization, including GHG emission standards, target evaluation, and compliance options such as related to the Science Based Targets initiative.
  • Evaluated timelines and options for arbitrage and strategic distribution of renewable energy, environmental and carbon attributes, and consideration of renewable energy investments and development, particularly as they related to renewable natural gas.
  • Helped applied technology company acquire and access green energy to run its three 60-acre smart and sustainable fruit and vegetable indoor farms. These indoor farms rank among the largest in the US and require significant amounts of energy. Jenner & Block partnered with the farms to realize their sustainability goals through the negotiation of green tariffs as well as specialized AgTech tariffs with regional electricity providers to provide access to wholesale electricity markets for green power and to monetize the farms’ energy efficiency gains.
  • Advised a major utility in the development of Electric Vehicle (EV)-enablement tariffs and programs, including identification of opportunities to provide EV make-ready facilities within the scope of standard utility service, and provided strategic advice regarding potential new tariffs and ways to achieve related regulatory approvals. 
  • Represented a gas distribution company to address gaps in state regulation that likely will need to be closed to enable CO2 transport via pipeline between capture and storage facilities. Provided ongoing advice related to the company’s clean fuels strategy, and advised the client related to strategies and legal considerations related to supplying hydrogen as a substitute for natural gas. Consequentially, Jenner & Block has developed a deep understanding of gaps in state and federal hydrogen regulation, and we work with clients to develop regulatory regimes that will facilitate economic production, transport, and end use of hydrogen, including as part of a DOE-funded hydrogen hub. 
  • Provided advice related to creating a strategy for producing, selling, and transporting green hydrogen. This work helps shape policy via legislative proposals, in this case for Illinois, which Jenner & Block is helping to draft. As is common in state-based energy policy making endeavors, the legal analysis also requires a deep understanding of the jurisdictional and constitutional boundaries separating state and federal regulation. These questions of government authority are foundational yet often overlooked, and if not handled properly, can derail a project.
  • Provided advice to a new clean fuel manufacturer regarding all federal and state environmental permitting and compliance issues for the start-up of manufacturing facilities and pipelines, including requirements under the Clean Air Act, Clean Water Act, NEPA, and Endangered Species Act. Our work included an assessment of the use of carbon capture and storage (CCS) as a method for CO2 emission reductions as part of the manufacturer’s Clean Air Act permit submission.
  • Worked with Advanced Energy Economy, a national business association, to develop and implement federal regulatory strategies to expand the size and value of wholesale electricity markets for advanced energy products and services. Through our relationship with AEE, Jenner & Block successfully worked before FERC to open markets to energy efficiency, distributed storage, and distributed energy resources, which is a key part of AEE’s strategy to transform public policy to help advanced energy businesses achieve scale.
  • Provided guidance to a multinational manufacturing and technology company through development of their GHG emission reporting regime for both external and internal reporting and analysis. Our assistance included helping in-house professionals determine the appropriate consultants and standards to meet each of the company’s diverse subsidiaries’ GHG emission reporting requirements.