Pillsbury Winthrop Shaw Pittman Launches Climate Change and Sustainability Practice Team

Inter-disciplinary practice will advise on emerging programs to regulate greenhouse gas emissions in response to the rising tide of interest in global warming and sustainability issues. 

WASHINGTON and SAN FRANCISCO (09/28/06) -- Building on 40 years of experience in the regulation of air pollution, general environmental law and environmental litigation, the law firm of Pillsbury Winthrop Shaw Pittman LLP has assembled a new Climate Change and Sustainability Practice Group.

Drawing from a deep bench of air quality practitioners, environmental litigators, and experts on project finance and corporate governance, Pillsbury's multidisciplinary group will advise clients nationally and internationally on the rapidly changing legal landscape relating to greenhouse gas (GHG) emissions. The group brings together nationally-recognized attorneys in environmental regulation, litigation, public policy, project finance, and corporate governance. Peter H. Wyckoff, a Senior Counsel in Pillsbury's environmental practice, is coordinating the group's efforts.

Increasing public concern about global warming is breathing new life into the Kyoto Protocol and is a catalyst for new programs such as the ambitious legislation signed by California's governor, which sets a goal of reducing GHG emissions to 1990 levels by 2020 and the earlier efforts of states in the Northeastern US in forming the Regional Greenhouse Gas Initiative. As pressure to curb GHG emissions increases around the world, companies are concentrating on their sustainability policies and grappling with how to manage their own GHG emissions and related litigation risks.

"The process of creating a regulatory scheme for achieving greenhouse gas reductions has begun in earnest and affects a wide range of businesses -- utilities, energy producers, chemical companies, and manufacturers of all types," observed Michael J. Steel, a partner in San Francisco. "Serving our clients in this emerging area requires an integrated team with strength in environmental law, corporate and project finance and litigation," he noted.

Increased public and regulatory attention on climate change issues is hitting litigation dockets as well. "Beyond regulatory challenges, we have seen cases seeking study of potential climate change impacts of new projects, human rights claims, and tort claims, such as the nuisance claims recently filed by the California Attorney General against several automakers," reports Christopher J. McNevin, an environmental litigation partner in Los Angeles who helps steer the new team.

The potential for regulation of GHG emissions, particularly through so-called "cap and trade" programs, also is creating opportunities for the investment community. "Private equity firms and other investors have been pooling sizable capital to invest in projects that lower emissions as well as generate GHG emission reduction credits, a hugely promising area," said Donald A. Carr, a partner in Washington, D.C.

"As companies review their own GHG footprints, many will need to develop whole new operating strategies that take into account future business lines, energy resources and efficiencies, environmental sustainability, even their insurance portfolios," said Sheila M. Harvey, a partner in Washington, D.C.

"The new policy standards could affect companies' relations with employees, shareholders, investors, and of course, state and federal regulators," Harvey said. "Climate change is just a piece of the larger sustainability issue confronting companies today and it is creating the need for a broad-based practice drawing on multiple legal skill sets," she added.

Some of the areas on which the new integrated practice group will advise clients, as part of overall counsel on climate change and sustainability issues, include:

    * Codes of corporate social responsibility
    * Disclosures to "green" investors
    * Maximizing energy efficiency and the use of renewables
    * "Green" architecture and land re-use
    * Development of business lines in "clean" technology
    * Protection of intellectual property for such technologies
    * Product labeling
    * "Green" management of vendor supply streams
    * Product take-back programs

Pillsbury is especially well positioned to take a vanguard role in the emerging climate change and sustainability field. The firm has a large team of environmental lawyers in California, which is becoming a major focus of GHG litigation and legislation, and in Washington, D.C., where the firm has significant depth in both regulatory and legislative affairs. Pillsbury represents many of the country's largest energy producers as well as energy- intensive industrial users from each of its offices, including Houston, New York and Los Angeles, and has nationally recognized practices in air quality regulation and environmental land use, nuclear energy, and environmental litigation.

"Our new group comes highly prepared and with substantial experience at the intersection of every key area affected by climate change and sustainability, including corporate finance and venture capital, where so much activity will take place in new investment in coming years," Harvey said.

Pillsbury Winthrop Shaw Pittman LLP is an international law firm with more than 800 attorneys in 15 offices, including San Francisco, New York, Washington, D.C., Los Angeles and London. In business for more than 135 years, Pillsbury's practice focuses on capital markets and finance, energy, real estate, global sourcing, litigation, technology, life sciences and communications. For more information, please visit http://www.pillsburylaw.com.