Climate & Energy Law
I represent national non-profits, clean energy trade groups, local governments, and community groups in litigation related to climate and energy policy. In 2019, I briefed and argued two complex federal appeals related to the regulation of ozone pollution under the Clean Air Act, Clean Wisconsin, et al., v. EPA (D.C Cir., No. 18-1203) and Texas v. EPA (5th Cir., No. 18-60606). In 2018, I co-authored a petition for certiorari in NRDC v. Mexichem Fluor, Inc. (U.S., No. 18-2), a case involving regulation of high-global-warming-potential refrigerants. In addition to litigation, I work on a variety of administrative matters. In recent months, I represented the Sierra Club on New Mexico’s Methane Advisory Panel, an advisory group convened by state regulators to study options for reducing pollution from the oil and gas industry; counseled the Brazilian sugarcane ethanol industry on the Renewable Fuels Standards program; and represented a clean energy trade group before the New Mexico Public Regulation Commission.
I represent clients in contract, fraud, real estate, and other civil disputes, in both New Mexico and California. In recent months, I obtained dismissal of three shareholder derivative suits arising out of the operation of a luxury car rental company; helped two different clients obtain expungement of an improper lis pendens; obtained dismissal of a $250,000 breach-of-contract claim; defeated a motion to appoint a receiver for a large dispensary; tried and won a breach-of-contract case involving the provision of web development services; and obtained a $60,000 settlement for a franchisee against its former franchisor (substantially all of the amount demanded).
I work with New Mexico businesses to draft contracts, raise capital, and identify tax savings. For example, I recently helped a start-up company prepare an exempt securities offering, drafting its private placement memorandum and securing a “no action” assurance from the New Mexico Securities Division. I later provided that company with a comprehensive overview of tax credits and deductions available for clean energy investments. I regularly create operating agreements for New Mexico limited liability companies. I have also provided enforceability opinions for commercial real estate transactions in New Mexico.
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