Climate Change/Renewable Energy

Brook's climate change and renewable energy experience includes:

• Supporting federal permitting processes for the nation’s largest offshore wind project, resulting in the successful issuance of relevant approvals.
• Negotiation and drafting of virtual power purchase agreements, most recently with respect to a large wind project in West Texas.
• Advising a broad range of clients on state and federal renewable energy policies, incentives, and regulations.
• Support for carbon sequestration and storage (CCS) activities, including regulatory analysis and negotiation of commercial agreements related to subsurface rights.
• Advising clients during the structuring and development of numerous carbon offset and renewable energy projects and transactions, including carbon storage and removals, U.S. forest offset projects, hydroelectric projects under the Clean Development Mechanism, domestic landfill gas-to-energy development, and a novel trans-border carbon offset generation project involving chlorofluorocarbon (CFC) destruction.
• Representing Native American tribes and corporations during the development of large carbon offset projects on tribal forest lands.
• Drafting model renewable portfolio standards, with a specific focus on biomass power and CHP facilities.
• Developing regulatory guidance and strategy for dozens of energy and clean energy companies on a wide range of environmental issues, including state and federal greenhouse gas regulations, emerging incentive programs, and traditional environmental permitting.
• Counseling clients on carbon accounting, climate risk disclosures, and green marketing considerations related to GHG reductions.

Litigation

Brook's litigation experience includes:

• Winning a complete victory, after a six-week jury trial in federal court, for a major multinational corporation accused of causing contamination in a waterway adjacent to a former facility.
• Obtaining summary judgment for a major utility in Clean Air Act (CAA) litigation involving thousands of claims and alleged damages exceeding $100 million.
• Representing clients in numerous cases brought under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and state Superfund laws.
• Serving as primary counsel in Third Circuit appeal of Environmental Protection Agency (EPA) regulatory action directed at an electric generating facility.
• Representing refinery and utility companies during litigation related to the adoption of state and federal regulations governing air quality and emissions.