Climate change, and the ever-evolving regulatory milieu that surrounds it, places increased demands on businesses no matter their size, location or industry. Hunton Andrews Kurth LLP is experienced in all the substantive areas of domestic and international law implicated in the regulation and reduction of greenhouse gas emissions, including environmental, finance, tax, capital markets, trade, corporate, property, administrative, tort and criminal. Our lawyers possess the strategic, political, technical and financial skills to advise on and help implement the best course of action for a company contemplating a voluntary or compliance-driven greenhouse gas reduction strategy.

Clean Air Act
We have the largest air practice in the country and have provided clients a full range of services falling under the Clean Air Act for more than three decades. We advise multiple industries and their associations on Clean Air Act permitting and compliance matters, including in the areas of New Source Review (NSR), Renewable Fuel Standards (RFS), Low-Carbon Fuel Standards (LCFS), Title V operating permit programs, carbon and emissions trading and more. We also represent companies in agency enforcement actions, citizen suits, regulatory development and rulemaking challenges.

With more than 33 air-focused lawyers, our firm has experience representing waste management, oil and gas, manufacturing, ethanol and biofuels, paper, chemical and energy companies on a spectrum of air quality and climate change issues.

Regulatory
Our lawyers advocate for clients in the shaping climate change regulations at the state, federal and international levels. We help clients stay ahead of emerging laws and regulations by actively monitoring policy developments, and in response, work with clients to effectively build compliance plans that fit their business goals. Our work on regulatory issues is comprehensive and covers the full scope of agencies and legislation regulating greenhouse gas emissions. Our lawyers represent clients in the development, review, and implementation of National Ambient Air Quality Standards (NAAQS) and have challenged regulations in court proceedings, such as significant changes to the Endangered Species Act (ESA) critical habitat rule and the proposed Clean Power Plan (CPP). We regularly convene coalitions of industry leaders to advocate for business-smart policies and challenge climate-related regulations such as the Affordable Clean Energy (ACE) proposal and changes to the regulation of methane for the oil and gas production sector. We are also credited with forming one of the first policy groups on carbon capture, utilization and storage (CCUS), as another example.

Environmental Impact Analysis
Environmental impact analysis outcomes should be driven by science, not speculation. We uphold the rigor of the scientific process by regularly reviewing environmental impact statements and related analysis required under the National Environmental Policy Act (NEPA) and ESA section 7. We also monitor climate change models and interpretations of rulemakings to provide our clients comprehensive guidance of how their project may impact the climate and animal habitats. Guided by these sound principles, we actively engage in rulemakings before the Council on Environmental Quality (CEQ), US Fish and Wildlife Service (FWS) and National Marine Fisheries Service to advocate for clients’ business interests.

Toxic Tort
Our experience representing defendants in climate tort claims is extensive and covers cases of nuisance, property damage, injury, death and related claims associated with chemical exposure. Hunton Andrews Kurth lawyers have litigated every significant greenhouse gas public nuisance suit to date, including in cases before the Supreme Court, and we have extensive experience assisting clients in developing strategy and managing public relations in connection with these matters.

Our capabilities are complimented by our firm’s insurance coverage practice that has hundreds of years of combined experience handling environmental insurance matters through investigation, litigation, arbitration, settlement and mediation.

Reporting & Trading
Hunton Andrews Kurth lawyers support clients with emissions reporting requirements across the US at the federal, state and local levels and regularly advise clients on international climate agreements, such as the Paris Accord. Our firm is experienced in the myriad of reporting issues associated with Corporate Social Responsibility (CSR) disclosure under standards adopted by the Securities and Exchange Commission, institutional investors, proxy advisors and other private standard-setting bodies. We regularly assist public companies and leading trade associations in formulating policy positions on these issues and advise public companies on shareholder engagement issues and with respect to shareholder proposals on CSR topics.

We help clients participate in voluntary emission reduction programs including the US Regional Greenhouse Gas Initiative, California’s A.B. 32 and the Western Climate Initiative. Our firm has been involved with development and implementation of market-based emission allowance trading programs, such as the Federal NOx Budget Trading Program, and we have deep experience with EU Emissions Trading programs such as ISDA, International Emissions Trading Association, and European Federal of Energy Traders, having one lawyer on our team who served on the drafting committees for all three major master agreements.

Our Team
Composed of a highly lauded and respected group of lawyers, the climate change practice at Hunton Andrews Kurth is ranked Band 1 nationwide in Chambers USA and is also top ranked internationally by Chambers Global. Our lawyers, including those in the climate change practice, are also routinely recognized in a wide variety of legal publications and directories, including Chambers Global, Chambers USA, Legal 500 and Benchmark Litigation.