Climate Mitigation & Adaptation Projects

Kaplan Kirsch helps a diverse range of clients navigate the legal, regulatory, and financial complexities of a rapidly decarbonizing economy. We counsel project developers, tribal nations, and investors on the strategies that maximize public funding, financial returns, and greenhouse gas (GHG) emissions reductions.

Our attorneys operate at the frontier of climate law, politics, and technology. That means we do more than advise on compliance: we help clients shape the regulations that govern their industries, structure the deals that bring projects to market, and resolve the uncertainties that arise when novel technologies meet evolving legal frameworks.

Kaplan Kirsch brings decades of experience in energy law, environmental permitting, project finance, and regulatory advocacy. Our attorneys have advised on landmark carbon market transactions and first-of-a-kind clean energy structures. We have also worked on nationally significant forestry offset projects. At Kaplan Kirsch, we’re not generalists who have added climate to our portfolio. Climate mitigation and adaptation law is core to who we are. Our attorneys maintain ongoing engagement in regulatory proceedings and policy development across the country. That depth of experience establishes Kaplan Kirsch as a trusted authority for clients navigating the leading edge of decarbonization.

Whether you are developing a first-of-its kind carbon removal project, entering compliance carbon markets, or seeking to maximize Inflation Reduction Act (IRA) incentives for clean energy, Kaplan Kirsch provides the integrated legal counsel and strategic insight to move your project forward with confidence.

Representative Experience

Carbon Dioxide Removal (CDR) and Enhanced Weathering: Advised a startup company piloting enhanced weathering to accelerate natural carbon removal, counseling on carbon removal verification standards, federal and state environmental compliance, the Inflation Reduction Act (IRA) tax credit eligibility, reporting obligations, and the monetization of removed carbon.

Abandoned Mine Methane Capture Project: Represented joint venture members capturing waste methane from abandoned Colorado mines, developing corporate structures to maximize carbon credit claims for captured methane and navigating the regulatory requirements for converting captured methane into electric power.

Forestry Emissions Offset Projects: Guided clients through the successful development of forestry offset projects across the county, including: an Alaska project generating nearly 2 million compliance offsets while protecting old-growth forest and salmon habitat adjacent to Kenai Fjords National Park; a 200,000-acre New Mexico project supporting fire risk reduction and rural economic development; and a Northern California project valued at nearly $20 million that advances tribal land reacquisition.

First-Ever Tribal Forestry Offset Project: Advised on the structure and development of the first-ever tribal forestry offset project for the California carbon market, generating more than 500,000 offsets to fund the tribe's long-term forestry and conservation programs.

Cap-and-Trade and Carbon Market Compliance: Advised clients on developing cap-and-trade program designs in California and across the United States. Our work involved evaluating program design elements and offset programs, including state legislative frameworks, greenhouse gas (GHG) inventory regulations, offset program evaluation, and compliance strategies for addressing regulatory inquiries and reversals.

Clean Hydrogen Development: Represented an independent power producer (IPP) evaluating co-sited hydrogen electrolyzer deployment, drafting federal agency comments to preserve the IRA clean hydrogen tax credit eligibility, and negotiating project development and energy sale agreements.

Related Practices