Climate Policy & Litigation

Kaplan Kirsch & Rockwell advises local governments, nonprofit organizations, and other parties on critical issues in federal, state, and local climate policy.  Our attorneys understand the need for strong public action to mitigate climate change and its adverse effects, and we have experience crafting innovative policy approaches to address this necessity.  We help clients navigate the policymaking process from start to finish, from assisting in the development of policy solutions and drafting of legislation, to helping clients implement enacted policies, to mounting a defense in the event of a legal challenge.  Our Climate Policy practice is closely connected to our Methane Regulation and Legislative Drafting and Lobbying practices.

Representative Experience

  • Representing coalition of local governments in regulatory proceedings and regulatory efforts to reduce carbon emissions in Colorado.
  • Advising local governments on drafting regulations, ordinances, and programs to reduce greenhouse gas emissions and promote renewable energy generation and beneficial electrification.
  • Representing environmental organizations in efforts to promote strong commitments to climate change regulation at the state level and advising clients on innovative policy and legal solutions for meeting those commitments.
  • Representing an environmental organization in litigation concerning Freedom of Information Act (FOIA) requests for documents related to Trump administration’s adversarial climate science review panel
  • Represented Colorado Communities for Climate Action (CC4CA) as an amicus curiae in the Tenth Circuit Court of Appeals case Board of County Commissioners of Boulder County v. Suncor Energy (U.S.A.) Inc.  Affirming a lower court ruling, the Tenth Circuit held that plaintiffs’ state law claims seeking climate-change related damages from oil companies belong in state court.
  • Represented local Colorado governments in the adoption of regulations to reduce climate and other pollution from oil and gas facilities.
  • Represented environmental organization in efforts to ensure successful state implementation of federal Clean Power Plan requirements.