Climate Change and Sustainability

Overview

“Baker Botts L.L.P. is able to handle a broad array of climate change matters, including policy input and related litigation. Provides regulatory advice to clients on carbon emission rules and pending GHG legislation and has demonstrated expertise in the New Source Review.”

Chambers USA 2024

The Baker Botts Climate Change and Sustainability team helps clients identify the legislative, regulatory, economic, and legal risks that arise from climate change.

Our team includes lawyers skilled in environmental, advertising and consumer protection, corporate, tax, project finance, and securities law across our global platform. Because of the depth and diversity of our bench, we can steer clients through the uneven patchwork of domestic and international policies and regulations.

Clients turn to us for counsel on:

Greenhouse gas regulations. On the federal level, we assist clients with the regulatory activities being undertaken by the EPA, Department of Energy, and other agencies. We also advise clients on international climate regulation, including the EU’s Renewable Energy Directive. We also assist clients on California’s Cap-and-Trade program and related Mandatory Reporting Regulations and other state-level GHG regulation.

Climate and sustainability disclosures. We work with clients to prepare and analyze climate-related disclosures and scenario analyses; provide sustainability reporting frameworks, analysis, strategy, and recommendations; and develop internal sustainability reporting and implementation. Learn more about our capital markets/securities, securities regulation and ESG practices.

Emissions offsets and trading. We have experience in emissions trading programs across multiple types of air pollutants and in carbon credit trading and offset programs. We have advised clients on the creation of voluntary carbon offsets and related transactions and aviation sector clients on the Carbon Offsetting and Reduction Scheme for International Aviation.

Renewable and clean energy projects. With more than 100 clean energy and low carbon projects under our belt, we are experienced on all facets of project development from permitting, construction, financing, and commercialization to ongoing operational matters and disputes. Learn more.

Appliance efficiency standards and building codes. We advise on the regulatory process for the review and setting of energy efficiency standards for a wide array of products and in the development and application of building codes. Learn more about our energy regulatory practice.

Carbon capture and sequestration (CCS). We help clients address issues associated with CCS, including regulatory and permitting requirements, allocation of liability, and property rights. We also help clients develop and implement carbon regulation advocacy, compliance and litigation strategies. Learn more.

Low carbon and renewable fuels programs. We support clients on eligibility, compliance, and enforcement actions associated with various states’ Low Carbon Fuel Standard programs and with the federal Renewable Fuels Standard.

Climate torts. Armed with our knowledge of climate law and policy and experience in complex environmental tort actions, we have a strong track record defending clients in legal proceedings involving climate change issues.

Local fuel or product bans. Leveraging our understanding of the intersecting regulatory, statutory, and constitutional issues associated with local fossil fuel bans, we are well positioned to support clients in pursuing litigation or negotiating cooperative solutions as measures banning fossil fuels or products continue to expand. 

Advertising and consumer protection. We counsel clients on various environmental, ESG, greenwashing and consumer protection claims. Learn more about our Branding and Advertising capabilities.