Carbon Capture, Regulation + Markets


As carbon markets emerge in the United States, and continue to scale in Europe and Asia, companies of all types, and their investors, are assessing what carbon assets they own and which carbon liabilities they should mitigate. Leveraging experience with both voluntary and regulated approaches across the globe, Morrison & Foerster represents investors, emerging, and established companies in optimizing their carbon value and minimizing liabilities through emission reductions. Our lawyers are expert in establishing the proper legal ownership of carbon reduction value ahead of regulatory requirements to do so in the U.S.

We are preparing clients for emerging federal, state, and local developments in greenhouse gas emissions regulation and helping them determine the implementation required now to reduce regulatory liabilities and maximize carbon reduction value, and to avoid legal risks associated with carbon artificial sequestration.

Our carbon expertise includes tracking, sequestration, developing and using new technologies, protecting intellectual property associated with innovative processes, new products, or other pioneering approaches, trading and capturing future carbon value in long-term licensing and sales contracts, and the purchase and sale of emission units that meet the regulatory requirements for our clients’ operations in the U.S., the European Union, and Asia. We have unparalleled capacity among U.S. law firms to structure, negotiate, and document the transactions necessary for large-scale storage and transportation of carbon.

We are helping clients evaluate emissions portfolios and develop emissions management strategies to minimize regulatory risk and successfully capture untapped asset value or revenue growth before the impending legislation in the U.S. takes effect. We have some of the top legal experts in the rapidly developing climate change sector, and we help clients identify market opportunities that optimize the economic value of their carbon reduction value by trading on voluntary or regulated markets, including Clean Development Mechanism credits.

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