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Climate Change Law

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As one of the first firms in Canada to practice climate change law, Davis LLP is at the forefront of this emerging area. Our national Climate Change Law Group includes lawyers with a wide variety of Canadian and international experience ranging from regulatory compliance to project finance. The Group helps clients navigate the evolving world of climate change regulation and unlock opportunities in an increasingly carbon-constrained economy. We also have expertise in areas of renewable energy including wind energy, run of river hydro, LULUCF (land use, land use change and forestry), biomass and fuel cell industries.

Our Group writes a Blog with timely posting on issues relating to Climate Change and Renewable Energy, and periodic Bulletins on Climate Change Law.

Other Related Blog:

Environmental, Energy, and Resources Law

Climate Change

Regulation and Compliance

Concerns regarding global warming are reshaping the business landscape. Initiatives at the provincial, federal and regional level have, or soon will, impose significant emissions compliance obligations on companies operating in Canada. At the same time, these initiatives may create opportunities for forward-thinking businesses that are in a position to capitalize on the new regulatory regime. Financial regulators are also placing increased emphasis on the disclosure of environmental risks posed by climate change and investors are scrutinizing such risks more closely. Our Group can help you identify the potential impact of climate change initiatives and regulation on your business, highlight new business opportunities or potential risks, evaluate compliance options and prepare for future developments.

Carbon Finance

The sale of carbon credits and the leveraging of the resultant revenue stream is a powerful new tool for financing projects that help mitigate climate change. A complement to traditional sources of project finance, carbon finance can boost rates of return and make environmentally beneficial projects economically attractive. Our advisors can help you identify carbon finance opportunities, structure projects to create carbon credits, and negotiate contracts to maximize the value of those credits to your organization.

Renewable Energy

The drive to diversify the energy supply and reduce greenhouse gas emissions, along with re-structuring in the electrical utilities sectors, have led to new opportunities for renewable energy. Renewable energy replaces conventional fuels in four distinct sectors: power generation, hot water and space heating, transport fuels, and rural (off-grid) energy. In Canada, both the federal and many provincial governments have begun supporting renewable energy initiatives due to environmental and multi-national trade pressures. Several provinces are aggressively sourcing renewable energy supplies and are encouraging the development of renewable energy technology. Companies are responding by investing in a broader portfolio of generating facilities and technologies.

Our Climate Change Group works with developers, investors, financiers, land owners, contractors, suppliers and facility operators to assist them in achieving their business objectives within any renewable energy sector.

Cleantech

Cleantech encompasses a broad asset class of new technologies driven by the demand for cleaner and more efficient economic production processes that address environmental concerns. Key sectors include energy generation, storage, infrastructure, water and wastewater, transportation, advanced materials, agriculture and waste management. Our national Group can assist Cleantech companies with mergers and acquisitions, IPOs, intellectual property, government relations and regulatory affairs, as well as business models and corporate strategies.

Services Provided by Davis LLP

We provide a comprehensive range of services to address various business, legal and regulatory needs, maximize investment value and manage project risk. Examples of these include:

  • Project planning and finance
  • Organizational structuring
  • Emissions trading
  • Acquisition and sale of energy production facilities
  • Construction of energy facilities
  • Operations, management and maintenance service
  • Grid interconnections
  • Financing, including venture equity, debt and public issues
  • Regulatory proceedings and licensing
  • Drafting Power purchase and sale agreements
  • Environmental issues
  • Land use and rights of way
  • Intellectual property in energy technologies
  • Taxation issues
  • Government incentive programs
  • Employment matters
  • Immigration and work permit applications
  • Green building and community development

Representative Matters

Carbon Finance

  • Negotiated a contract for the sale of emissions performance credits (EPCs) from an Alberta client to another specified emitter in accordance with Alberta climate change legislation.
  • Advised various clients in British Columbia, Alberta and Ontario on carbon finance opportunities stemming from federal and provincial GHG regulations and initiatives.

Renewable/Alternative Energy (Biomass, Wind, Hydro, Biofuels)

  • Acted for a major forest products company in the development of a biomass power project, including the drafting and negotiation of a lengthy, complex electricity purchase agreement with BC Hydro.
  • Assisted a client in the establishment, construction and operation of multiple biomass production and handling facilities to supply biomass to the North American, European and Japanese power industries.
  • Assisted clients in the negotiation of long term biomass feedstock supply agreements to major European and Japanese utilities in order for those utilities to achieve greenhouse gas reductions by replacing the use of coal.
  • Acted for a client in the financing and development of two large scale biofuel production facilities located in Louisiana and Utah, including examining various carbon finance opportunities for the projects.
  • Acted for two large-scale hydro-electric producers located in different jurisdictions on a wide variety of regulatory and commercial issues.
  • Advised various clients in British Columbia, Alberta and Ontario on the impact of proposed federal and provincial GHG regulations.
  • Advised clients on all regulatory matters and on negotiating access to the transmission grid in Alberta.
  • Assisted wind energy proponents in British Columbia with due diligence matters and drafting contracts pertaining to the furtherance of wind power projects.

Cogeneration

  • Assisted a client in obtaining permits for three cogeneration (wood waste and natural gas) electricity generating stations in Northern Ontario (Cochrane, Kirkland Lake and Iroquois Falls).
  • Provided advice to Calpine Canada in their acquisition of the Whitby cogeneration facility at Whitby, Ontario. We also acted for Calpine Canada on a number of other attempts to acquire power generation assets across Canada.

Other

  • Provided advice to clients on the purchase of energy and steam from a nuclear facility in Ontario.

Recognition & Activities

Many of our Group members are recognized leaders in their areas of expertise as cited by Chambers Global Client Guide, LEXPERT and Martindale-Hubbell.


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