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State Bar of New Mexico

Clean Energy Law

Drawing upon a Bachelors in Science and over a decade of thought leadership related to climate and clean energy law, New Mexico clean energy lawyer David Baake provides world-class representation for national environmental groups, renewable energy trade associations, and community groups in litigation and administrative proceedings related to climate, clean air, and clean energy policy. In 2019, David briefed and argued two appeals before the D.C. Circuit, challenging the U.S. Environmental Protection Agency's failure to designate El Paso, Texas and Ottawa County, Michigan as violating the National Ambient Air Quality Standard (NAAQS) for ozone. The court issued a unanimous decision, granting the petitions and remanding them to EPA.

In 2018, David co-authored a petition for certiorari to the United States Supreme Court in a case involving regulation of hydrofluorocarbons (HFCs), a refrigerant that contributes significantly to climate change. After the petition was denied (as the vast majority of these petitions are), David continued to advise his clients on alternative options for regulating HFCs at the state and federal level. Earlier in his career as a clean energy lawyer, David worked extensively on litigation related to the U.S. Environmental Protection Agency's Clean Power Plan, helping defeat a premature challenge to the proposed rulemaking. An expert on the Clean Air Act, David also has considerable experience working with the National Environmental Policy Act (NEPA), the Natural Gas Act, the Federal Lands Policy and Management Act (FLPMA), and other federal laws related to climate and clean energy. Among other projects, David is currently working with other clean energy attorneys on a challenge to the Bureau of Land Management's oil and gas lease sale in New Mexico's San Juan Basin.

In addition to litigation, David works on a variety of administrative matters related to climate, clean air, and renewable energy law. In recent years, he has represented clients before the Federal Energy Regulatory Commission and the New Mexico Public Regulation Commission, advised low-carbon biofuel producers on U.S. Environmental Protection Agency's Renewable Fuels Standards program, and served as a member of New Mexico's Methane Advisory Panel, an advisory group convened by state regulators in Santa Fe to study options for reducing pollution from the oil and gas industry. Each of these projects involved mastery of complex scientific and technical information. Whether the case calls for explaining the chemistry of secondary particulate matter formation, or how glycol dehydrators can be modified to reduce methane emissions, or why underground injection of produced water can cause seismic activity long after injection stops, David takes particular pride in his ability to work with specialists in translating their ideas into terms that generalist policymakers can understand. Based in New Mexico, David's climate and clean energy law practice spans the entire country to the extent it involves representation before federal courts and administrative agencies. If you require the services of a New Mexico clean energy lawyer, contact us today.

Client Reviews
★★★★★
"Very knowledgeable! We hired Mr. Baake after our previous lawyer was suspended just one month before our trial date. We are so glad we found him! We were being sued for $250,000, and were going to lose our case. Mr. Baake was much more knowledgeable. He brought up several issues that our other lawyer never thought of. The Plaintiff did not show up to for the trial. The case was dismissed! Thank you so much, Mr. Baake!” - B. Crane
★★★★★
"We run a small business in AZ and had a customer in New Mexico who hadn’t paid us for product and services rendered. The customer was in the process of trying to sell their business so we had to intervene in their sale to get our proceeds. It was an out of the box kind of situation and David took it on no problem and with ease. We are out of state and David handled it all for us remotely which was a plus. Thanks to David, we ended up receiving our money plus interest. He was a pleasure to work with and his communication during the entire process was amazing. Thanks again David for all of your help!" - M. B.
★★★★★
"David is our go-to attorney for resolving contract and real estate disputes. He isn't afraid to go up against big corporations to fight for what is right, but always keeps an eye on how to resolve matters in a way where the out-of-pocket cost for us is minimized. We trust David's opinion both on when to move forward and when to settle. David is incredibly smart and his work meticulous, but most importantly he has helped us gainfully resolve disputes with individuals and companies that we never expected would come to a favorable conclusion." - Crystal S.