Climate Mitigation and Adaptation Projects

Kaplan Kirsch helps a diverse range of clients navigate issues and seize opportunities created by a rapidly decarbonizing economy. We assist clients in developing the regulatory ecosystems, projects and markets critical to climate change mitigation and adaptation.

We represent clients operating at the frontier of climate law, politics and technology. Our deep understanding of climate adaptation and mitigation technologies, combined with project development expertise, enables us to advise project proponents on strategies to maximize public funding, financial returns and greenhouse gas (GHG) emissions reductions.

From supporting carbon dioxide removal (CDR) projects to navigating cap-and-trade programs and related compliance markets, our team has extensive experience guiding large and small entities as they deploy novel adaptation and mitigation technologies in uncertain legal contexts. We also help clients shape the evolving regulations relevant to their interests and investments

Representative Experience

Carbon Capture Enhanced Weathering Project Development: Represented a startup company piloting enhanced weathering projects to accelerate natural carbon removal processes. Advised the company on compliance with existing and emerging regulations on issues such as carbon removal verification, tax credits and monetization of removed carbon. We also provided guidance on  local, state and federal environmental compliance, permitting and reporting obligations.

Abandoned Mine Methane Capture Project: The firm represented members of a joint venture that captures waste methane from abandoned mines in Colorado. We have helped develop corporate structures that will best take advantage of the opportunity to claim carbon credits for the captured methane, evaluated potential litigation and regulatory strategies and navigated complexities regarding potential burning of the captured methane for power production.

Forestry Emissions Offset Projects: Members of our team have advised clients on the successful development of forestry offset projects across the United States. Examples include 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 project in New Mexico supporting fire risk reduction and rural economic development; and a Northern California project valued at nearly $20 million that supports tribal re-acquisition of ancestral lands.

First-Ever Tribal Forestry Offset Project: Our attorneys advised on the structure and development of the first-ever tribal forestry offset project for the California carbon market, which generated more than 500,000 offsets used to fund the tribe’s forestry and conservation programs.

Cap-and-Trade and Carbon Markets:  Advised clients on developing cap-and-trade programs in California and numerous states throughout the United States. Our work involved evaluating program design elements and offset programs, providing legal advice regarding state law authorities and federal constitutional issues, assisting with the development of state legislation and regulatory frameworks for GHG inventory programs and controls and providing strategic advice for addressing reversals, regulatory inquiries and other compliance issues.

Clean Hydrogen Development: Represented an independent power producer exploring the viability of using a co-sited hydrogen electrolyzer to reduce GHG emissions from its facility. Our team drafted comments to several federal agencies to ensure the Inflation Reduction Act’s (IRA’s) clean hydrogen tax credits encompass our client’s GHG emissions reductions. We also drafted and negotiated project development and sale agreements for energy produced from the facility.

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