Jump to Navigation

Bracewell provides policy-level advice with respect to cap-and-trade emissions allowance programs, including Clean Air Act and carbon trading agreements (such as multinational offset agreements and futures trading), as well as major transactional, brokerage, tax, offset and other market-related issues. We work with clients to seize economic opportunities and avoid potential disputes in the creation of baselines, allocation of credits, verification of offsets and documentation of contracts. Our clients include utilities, commodities merchants, marketers, industrial customers, generators, lenders, financial institutions, gas producers, derivatives businesses and others.

We assist clients to identify marketing and advertising opportunities associated with “green” and “carbon neutral” business practices, and to develop methodologies for measuring carbon footprints and reductions. Our attorneys also help businesses weigh potential liabilities, including issues related to Federal Trade Commission regulations, explore alternatives such as carbon pipelines within and between states, and maintain compliance in matters concerning the Federal Energy Regulatory Commission, the Commodity Futures Trading Commission and state public utility commissions.

Selected Experience

Advised a leading participant in the energy capital markets in connection with its establishment of a trading practice for air emissions credits and allowances both for its own account and for others as a broker under the EPA's Clean Air Act cap-and-trade emissions programs.

Counseled a Southwestern energy producer regarding air emissions permitting and offset issues associated with potential capacity expansions in Texas and New Mexico.

Advised co-owners of pollution-control devices used at coal-fired plants on the sharing and distribution of air emissions credits.

Represented a major business and residential energy provider in developing and negotiating complex allocations of multi-program emissions credits and allowances in connection with a series of proposed power plant divestiture, lease and tolling agreements.

Developed legislative strategies for coal-fired electric utility companies in their response to the Court of Appeals vacatur of EPA's Clean Air Interstate Rule.

Advised several transportation and shipping companies regarding Texas Mobile Discrete Emissions Reduction Credits.

Counseled a supplier of food products on the development of sustainable energy practices, including the creation of an emissions credit trading program.

Advised a renewable energy client on the allocation of title, risk and responsibility for emissions credits in negotiated commercial documents with an energy offtaker.

Advised co-owners of pollution-control devices used at coal-fired plants on the sharing and distribution of air emissions credits.

Represented a coal-fired utility on permitting and state implementation plan (SIP) issues related to the EPA-administered cap-and-trade program under the Clean Air Interstate Rule.