Climate Change & Carbon Markets

We advise clients on greenhouse gas (GHG) regulation, emissions trading, renewable energy, and low carbon fuel standards (LCFS) at federal, state, local, and international levels. We guide companies in managing compliance obligations, market-based opportunities, and strategic risks as climate law and policy continue to evolve.

Drawing on deep experience in domestic and international environmental compliance, as well as commercial, financial, and land use transactions, we counsel clients on:

• GHG inventories, control measures, and emissions reporting programs.
• Carbon credit generation, trading, and project development under U.S. and international regimes.
• Carbon insetting, supply chain emission reductions, and product emissions (environmental product declarations, net zero claims).
• Federal and state permitting programs, including California’s cap and trade program (AB 32) and the Regional Greenhouse Gas Initiative (RGGI).
• International frameworks such as the Kyoto Protocol, the Paris Agreement, and its Article 6 trading mechanisms, the EU Emissions Trading System (EU ETS), and CORSIA.
• Private-sector initiatives, including offsetting standards and registries such as Verra, Gold Standard, American Carbon Registry, Climate Action Reserve, and others, supply-chain sustainability, ESG disclosure rules, and green marketing requirements.

Our lawyers have worked with all of the major U.S. carbon registries to help our clients develop and transact several billion USD in carbon offsets across a range of methodologies, including forestry (IFM, ARR), soil carbon (rangeland and cropland), bluecarbon, REDD+, biochar, methane reduction, and others.

We also help companies plan GHG emissions reduction initiatives and reduce both direct and value chain carbon footprints consistent with established protocols, emerging best practices, and governing law. 

In addition to established programs, we monitor and advise on emerging developments—such as Section 45Q carbon sequestration tax credits, carbon border adjustment mechanisms, state climate initiatives, and evolving frameworks for refrigerants and other high-potency GHG pollutants.

B&D authors the U.S. Climate Regulation chapter in a leading legal sector publication, Lexology's Panoramic guide.

Regulatory Compliance & Policy

Our climate change policy analysis experience includes: 

• On behalf of an air transportation trade association, authoring a detailed whitepaper on the interaction between CORSIA and the Paris Agreement, and further assisting  in developing positions on key elements of these programs for presentation and advocacy at the United Nations.
• Advising two major electronics products companies on GHG programs and regulations that impact their products. As part of that work, we helped these companies explore avenues for establishing a “net-zero” GHG footprint for the lifecycle of their products, and to develop related consumer-facing marketing programs compliant with U.S. green marketing laws.
• Working with the retail sector to assess likely sources of regulation and both challenges and opportunities in carbon markets.

Mandatory Carbon Markets

We guide clients through compliance obligations and strategic opportunities in established regulatory programs, including California’s Global Warming Solutions Act (AB 32) and the Regional Greenhouse Gas Initiative (RGGI). These frameworks set binding requirements for emissions reductions, reporting, and trading, and we help participants manage both the legal complexities and the business implications of operating in compliance-driven markets; we also provide advice to clients with investments in these markets on risks and market trends. Our team also tracks and advises on emerging state and regional programs, enabling clients to anticipate new obligations and market dynamics before they take effect.

Voluntary Climate Goals

Beyond compliance, many companies are pursuing ambitious climate commitments such as net zero targets, renewable energy sourcing, and broader ESG reporting. We counsel clients on the design and implementation of their corporate sustainability strategies, including constructing greenhouse gas inventories, offsetting and other emission reduction strategies, GHG reporting, and climate change disclosures.

Green Marketing

Our work frequently involves aligning public statements with regulatory guidance—such as the FTC Green Guides—and mitigating the risk of consumer protection challenges. This allows clients to demonstrate climate leadership while maintaining legal defensibility and stakeholder trust.

Incentives

Climate policy is increasingly supported by incentive-based programs that reward emissions reductions and investment in low-carbon technologies. We advise companies on opportunities such as the Section 45Q tax credit for carbon capture and sequestration, as well as emerging federal and state initiatives that promote decarbonization. By integrating these incentives into project planning and compliance strategies, we help clients unlock financial benefits that complement their environmental objectives and broader business goals.

Litigation

Our Litigation practice defends companies—from FORTUNE® 500 corporations to specialized manufacturers—against environmental marketing (“greenwashing”) and consumer protection claims under federal and state law. These cases often involve novel theories around product content, sustainability, recyclability, carbon neutrality, renewable energy, and lifecycle impacts.

We combine our deep environmental law experience with litigation strategy to resolve these disputes efficiently, whether through defending claims outright or securing injunctive-only settlements that limit class certification and reputational risk. Our team draws on expertise in FTC enforcement, state consumer protection laws, and industry self-regulatory proceedings before the National Advertising Division.