Policymakers seem to agree that two of the world’s most-pressing problems—the economic meltdown and global warming—have a common solution. Over the next few years, billions of dollars of investment in green technologies will transform the energy industry and spawn millions of new jobs. At the same time, environmental laws and regulations will likely change dramatically to reflect policies promoting green technologies. With an integrated practice group designed to address all of the related issues, Venable is helping clients sort out the answers and position their businesses for new opportunities.

CRITICAL SKILLS IN EVERY KEY AREA

Alternative Energy.

Venable represents and works with a diverse group of clients in the alternative energy field. We have experience in representing clients relating to all aspects of renewable and alternative energy matters including:

Venable counsels a wide array of companies in the field from producers and generators, to transporters and transmission providers, to energy users and consumers. We counsel established companies with long track records of alternative energy development and startup companies that want to capitalize on new markets and opportunities. Our clients include developers, lenders, investors and municipalities.

Carbon Regulation.

Venable attorneys represent energy clients in EPA’s development of regulations addressing the sequestration of carbon in underground locations as part of the EPA’s overall policy for carbon capture and storage for the nation’s coal-fired power plants.

We are also advising clients planning a new clean-fuel utility that will be eligible for Kyoto greenhouse gas credits, and clients in a broad range of industries with interests in climate-change regimes. Venable also represents clients undergoing environmental impact assessments, and advocates for other clients on climate-change legislation and regulatory rules.

Environmental Trading Markets.

Venable works with clients in a wide range of environmental credit trading markets including natural resource credit trading; wetlands and conservation banking; streams, species habitat and water quality credit trading; and cap and trade carbon markets. We help clients pull together deals using marketable environmental credits, navigate regulatory hurdles, structure appropriate funding and financing vehicles, and represent key industries in the development of regulations for environmental trading.

Tax and Finance Issues Surrounding Green Investments.

Every project with issues relating to energy efficiency or renewable resources provides financial opportunities. Venable is able to guide and assist clients in understanding and qualifying for the “energy” tax incentives and credits, including tax incentives for renewable energy production, energy efficient homes and buildings, and manufacturers. Venable offers creative approaches for monetizing these incentives and attracting investors if desired. Venable also helps state and local governments finance their green initiatives, and private-sector clients structure investment funds for investing in “green businesses.”

Pollution Prevention and Energy Savings.

Venable helps clients attain both legal compliance and savings by conducting environmental management and energy audits and advising on pollution-prevention practices. Our ability to draw on a variety of experience and maneuver within government agencies is ideally suited to navigating the issues involved in energy savings performance contracts (“ESPCs”). Such contracts bring together needs for counsel knowledgeable in numerous disciplines, including financing and grant funding, real property and lease issues, environmental law, construction, technology and government contracts law. Venable also represents energy savings companies in structuring ESPC deals with federal and state agencies, disputes over calculation of guaranteed savings, and the termination of ESPC projects.

Real Estate Development and Construction.

Fueled by new regulatory requirements, financial and development incentives and market demand, the clamor for high performance and sustainable “green” buildings is fast becoming the rule rather than the exception. As federal and state governments increasingly require compliance with the United States Green Building Council’s Leadership in Energy and Environmental Design (LEED®) Rating System and Low Impact Development requirements, Venable’s team of land use, real estate and construction professionals--including attorneys accredited as LEED®-Accredited Professionals by USGBC--advise clients on strategic compliance with these new standards, the particular risks associated with “green” building projects, and the unique considerations involved with the financing, design and construction of these projects.

Innovative Technology.

Thriving in the efficient and renewable energy sectors requires the development of innovative technology and leveraging that technology to optimize opportunities. Venable provides strategic counsel to companies in all stages of development, ranging from entrepreneurs to Fortune 500 institutions and to businesses focused on the wide-ranging technologies implicated in these sectors, ranging from nano and smartgrid technologies to energy extraction, alternative fuel, remediation and cleanup technologies. Frequently, we partner with attorneys in related firm practices to protect and enforce intellectual property rights; provide counsel on all manner of agreements (including license, supply, finance and distribution agreements); and advise on partnering arrangements, whether structured as an outsourcing arrangement, joint venture, merger or other acquisition.

Advertising and Marketing Claims.

Producers of “green,” “natural” or otherwise “sustainable” products are under scrutiny to properly label and advertise what they sell. Venable assists many clients with product registrations from the Environmental Protection Agency (EPA) and approvals by other agencies such as the Food and Drug Administration. Venable also helps companies determine whether their claims are appropriately supported, and helps them avoid exposure to “greenwashing” claims before the Federal Trade Commission and the National Advertising Division of the Better Business Bureau.

Environmental Litigation and Investigations.

With the government’s sharpened focus on environmental regulations comes increased scrutiny and liability for companies whose operations are affected by these initiatives. Venable provides comprehensive representation to these organizations on environmental-related litigation and investigations. Our team—led by former high-ranking environmental officials at the Department of Justice—represents businesses facing investigations from government agencies, civil matters stemming from a private right of action, or criminal charges. We represent corporations and individuals in proceedings before federal, state and administrative tribunals, including matters involving air, water, hazardous waste and natural resource claims. Venable attorneys also represent and counsel government contractors facing suspension or debarment by every major agency.

Legislative Advocacy.

Venable’s legislative attorneys and advisors are involved in energy, climate change and environmental legislation, including energy and energy-tax policy. With the experience and the abilities of Venable’s legislative attorneys and advisors, we offer clients the opportunity to shape current and new directions in energy policy, climate change and environmental matters by monitoring legislation, providing Congressional testimony and advocating for legislative and regulatory solutions.

Venable began advising “green businesses” long before “green” became fashionable. And we’ve been counseling clients on taking green ideas to market, investing in green technologies, and navigating the regulatory maze of the alternative energy and environmental sectors for even longer.

You need a legal team with skills that work together and who understand these “shades of green.” That’s what you’ll find at Venable.