Breakthrough US climate policy from home of maple syrup
We need it now more than ever in wake of Supreme Court overturning Chevron Deference...
Hi! I’m Matthew Karmel, founder of the planetary lawyer project and Chair of the Environmental and Sustainability Law Group at Offit Kurman. (Any views expressed are my own. Nothing here is legal advice.)
I started my career as an associate with a single pro bono climate client and am now the head of a cutting edge climate-focused practice group at a full-service AMLaw 200 law firm.
I started this newsletter to help you build your own climate-friendly legal career by sharing hard-won lessons from my own career, short interviews with other climate-focused lawyers, legal developments, and relevant job opportunities.
Almost everyone who filled out our recent survey has one thing in common…
They want to see more updates on climate policy.
(Please, if you haven’t yet, you can still fill out the survey here.)
It’s lucky that there have been some massive developments in US climate policy recently.
We’re talking once in a lifetime shifts in law.
Which is good because we need change now.
Let’s start with Vermont.
Vermont is the second least populated state in the US, and is known for maple syrup, rolling hills, and Ben and Jerry’s Ice Cream.
Vermont is also now the first state in the US to pass a “Climate Superfund Law” that would require fossil fuel companies to pay for certain costs associated with climate change.
The original Superfund Law is the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, referred to as CERCLA, which authorizes the US Environmental Protection Agency to investigate and remediate sites contaminated with hazardous substances, and to require responsible parties to undertake or pay for that investigation and remediation.
(We do a fair bit of traditional CERCLA work in our practice, and find it engaging and meaningful because it usually involves regulatory counseling as well as dispute resolution. There are a lot of great resources on CERCLA if you are interested in learning more, and there are small firms/solos as well as large law firms that do this work. Not to mention the government lawyers. We also use our CERCLA expertise to represent solar developers across the country that are developing solar on contaminated sites. Just another reminder that every skill set can be used to work on climate.)
Anyway, under Vermont’s Climate Superfund Law, certain Vermont agencies have to calculate the total cost to Vermonters and the state of the emission of greenhouse gases from January 1, 1995, to December 31, 2024.
Once these costs are determined, the cost is to be split among “responsible parties,” which the law defines as an entity that “engaged in the trade or business of extracting fossil fuel or refining crude oil,” with fossil fuel including coal, petroleum products, and fuel gases, and that is responsible for more than 1 billion metric tons of certain greenhouse gas (GHG) emissions between January 1, 1995, and December 31, 2024.
There are a lot of nuances and complexities in Vermont’s Climate Superfund Law, and it is very likely to be challenged, but it heralds a new era of US climate change policy.
For the most part, private litigation against fossil fuel companies for climate change damages have NOT been successful, but the Vermont Climate Superfund Law has a much better chance of recouping damages because it relies on the state’s legislative authority rather than creative legal theories.
New York has passed (but not yet enacted) a similar but perhaps more aggressive law, and at least three other states (California, Maryland, and Massachusetts) are considering similar climate policies.
As these laws are passed and implemented, there will be a growing demand for lawyers that understand the mechanics of GHG emissions and climate change.
That takes us back to a question that we have asked many times in this newsletter…
What does it mean to be a lawyer that works on climate?
I’ve argued for a very broad definition, and to me my work for the waste and recycling industry, sustainable consumer products companies, renewable energy developers, cleantech investors, and many others qualifies as climate work.
I’ve often said that there is little work for lawyers that focus directly on GHG emissions or other aspects of climate change that you might think form the core of “climate work.”
But maybe I’m wrong… or maybe I will be wrong in several years as policy continues to develop.
Another question is, who will be doing this work? While I would represent a fossil fuel company in connection with a law like this because I believe in making change from the inside, some of you might not want to represent the fossil fuel industry no matter what.
But, are small firms and solos likely to get work in this area given that fossil fuel companies might be more likely to higher bigger firms? Will all the work on climate change damages be done by government attorneys representing states or big law firms representing the fossil fuel industry?
I tend to think that there is space for niche practitioners from smaller practices because these are state laws that will have lots of nuance, but it will take positioning and effort to be recognized as a leader on these laws and develop a practice focused on them.
So there’s a lot to chew on as a result of these developments, both in terms of policy and what it means for lawyers that want to do more climate work.
What do you think? How do you think this policy will play out for lawyers and the world?
Insights and Sponsors
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Now onto this week’s opportunities.
Have a lead on a job opening? Share it here.
Private Practice
Lateral Hub powers this week's private practice opportunities! Lateral Hub is the online lateral job board for where top-tier large, midsize, and boutique law firms publish openings so you can browse and apply directly - it's free to use, no account required.
You can even get SMS job alerts from Lateral Hub tailored to your practice area and location.
Associate, Energy Regulatory & Markets Group. Latham & Watkins, Washington DC. https://lateralhub.com/job/143-0033/. Latham is seeking an associate with a minimum of 3 years of federal energy regulatory experience, including experience practicing before FERC with respect to power and/or natural gas. Salary range: $260,000 – 365,000.
Associate, Energy (FERC). Troutman Pepper, Washington, DC. https://lateralhub.com/job/110-0060/. Troutman Pepper’s Energy Group is seeking an associate with 3-5 years of experience in FERC regulatory matters. The position will be focused on electric matters; candidates with experience with FERC’s electric program are strongly preferred.
Associate, Environmental Litigation. Shartsis Friese, San Francisco. https://lateralhub.com/job/121-0007/ Shartsis Friese, a top midsize firm in San Francisco, is seeking an associate with 3+ years of solid environmental litigation and counseling experience. Candidates should have experience assisting clients in environmental matters involving state and federal environmental laws, including laws regulating hazardous and solid waste, water, air and endangered species, as well as California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA) issues. Experience with land use litigation is a plus. Salary range: $ 235,000 - $265,000.
Associate, Energy/Climate Corporate. Wilson Sonsini. San Francisco, CA. https://lateralhub.com/job/154-0019/ . Wilson Sonsini is seeking two senior level corporate associates (6yr +) with venture capital, private equity, initial public offerings, and mergers & acquisitions experience to work with leading corporate venture groups and institutional investors in furtherance of their corporate venturing and decarbonization strategies. Salary range $390,000 – 435,000.
In-House
Counsel. EDF Renewables North America. Remote. https://careers-edf-re.icims.com/jobs/4204/counsel-%5bremote%5d/job. At least 3 years of corporate law experience and prior experience with renewable energy operations through either a law firm, government agency, or in-house legal department required; This role’s annual base salary range is between $130,000 and $216,500. EDF Renewables North America is a market-leading independent power producer and service provider with over 35 years of experience. *We know this company and may be able to make an introduction! Please reply if interested.
Legal Counsel. EDF Renewables North America. US-Any City. https://careers-edf-re.icims.com/jobs/4180/legal-counsel/job.Minimum of five years of experience in corporate law or in-house legal department; Pay Range 165,000-200,000 Annual. EDF Renewables North America is a market-leading independent power producer and service provider with over 35 years of experience.
Counsel - Intellectual Property - Legal. Beta Technologies. South Burlington, VT. https://www.beta.team/job/?jobId=326c8840-0f11-4960-995c-fa5a05fb541d. 5+ years of IP experience, developing patent portfolios, creating patent strategies, competitive IP analysis, and IP conversations with outside counsel, inventors, and business leaders. At Beta Technologies, we apply our intellectual curiosity, passion for aviation, and commitment to sustainability toward a shared mission of revolutionizing electric aviation.
Legal Counsel – Energy Trading. AltGen. Cape Town, South Africa. https://www.altgen.com/job/legal-counsel-energy-trading-cape-town/. $60,323 - $76,775 (converted from ZAR to USD). Looking for an attorney with attorney with 4+ years of legal experience in the banking and finance sector and at least 3+ years of experience managing PPAs. AltGen provides opportunities from all levels of renewable energy project management, engineering expertise, manufacturing, and research and development.
Senior Legal Counsel – Energy Trading. AltGen. Cape Town, South Africa. https://www.altgen.com/job/senior-legal-counsel-energy-trading-cape-town/. $87,743 - $104,195 (converted from ZAR to USD). Looking for 8+ years of relevant experience in the renewable energy sector. AltGen provides opportunities from all levels of renewable energy project management, engineering expertise, manufacturing, and research and development.
Legal Counsel. Inari. Cambridge, MA; West Lafayette, IN. https://boards.greenhouse.io/inariagriculture/jobs/7328101002?gh_jid=7328101002. Minimum of 4-6 years’ legal experience at a law firm and/or in-house, providing legal support to the business and drafting and negotiating complex contracts including technology licenses. Inari is the SEEDesign™ company, using new breeding technology to design seeds for a more sustainable global food system.
General Counsel. Solect Energy. US-MA-Hopkinton. https://careers-patternenergy.icims.com/jobs/2585/general-counsel---solect-energy/job?mobile=false&width=1183&height=500&bga=true&needsRedirect=false&jan1offset=-300&jun1offset=-240. Must have 8-10 years of energy related experience with a US law firm or in house counsel with a project development company with similar experience. The expected starting pay range for this role is $174,000 - $235,000 USD. Solect Energy, based in Hopkinton, Massachusetts, is the recognized leader in commercial-scale solar and energy storage.
Government and Non-Profit
Legal Fellow. Defenders of Wildlife Careers. Washington, District Of Columbia. https://jobs.jobvite.com/defendersofwildlife/job/oPtZtfwu. Experience: up to three years of relevant experience, including experience in federal natural resources, public lands, and wildlife conservation laws; SALARY: $73,000 - $81,000. Defenders of Wildlife works on the ground, in the courts, and on Capitol Hill to protect and restore imperiled wildlife and habitats across North America.
Staff Attorney. Defenders of Wildlife Careers. Washington, District Of Columbia. Denver, Colorado. https://jobs.jobvite.com/defendersofwildlife/job/ownKqfwN. Experience: 3+ years of litigation experience; SALARY: $108,000 - $110,000. Defenders of Wildlife works on the ground, in the courts, and on Capitol Hill to protect and restore imperiled wildlife and habitats across North America.
Legal Fellow. Defenders of Wildlife - Biodiversity Law Center. Washington, DC. https://defenders.org/about/jobs?p=job%2FoPtZtfwu. $73,000 - $81,000. 3+ years of relevant experience. The legal fellowship is a one-year position with the possibility of an extension to two years based in the Defenders’ Washington DC office; the primary emphasis of this role is on providing legal research, writing, and litigation support for cases involving federal wildlife and natural resources laws
Staff Attorney. Rocky Mountain Institute. Remote. https://rockymountain.wd1.myworkdayjobs.com/en-US/RMI/details/Staff-Attorney_R-101018-1?redirect=/en-US/RMI/userHome&jobFamilyGroup=82a2d6d63d3a100fd9b923422fc30000. $140,469 - $155,000. 7+ years of relevant experience. The attorney will work across various program areas to support them with all types of complex legal needs, including but not limited to drafting, reviewing, and negotiating contracts and providing guidance about how to structure legal entities, relationships, and transactions.
Legal Director. ClimateWorks Foundation. Remote. https://apply.workable.com/climateworks-foundation-1/j/CC0B1AB877/.Minimum of ten years’ legal experience in U.S. corporate and/or contract law; Salary Range (Bay Area / NYC): $200,000 - $220,000 annually; Salary Range (Other US): $180,000 - $200,000 annually. ClimateWorks Foundation is a global organization committed to our mission: to end the climate crisis by amplifying the power of philanthropy.
Assistant General Counsel. World Resources Institute. Hybrid position (8 days/month in the office) - positions available from Washington, DC (USA) | London, England | The Hague, Netherlands | Nairobi, Kenya | Mexico City, Mexico. https://jobs.jobvite.com/wri/job/oNDXtfwA. US salary is between $138,000 - $166,000. 12 years of experience, with at least 3 years in advising nonprofits. The World Resources Institute is a global research non-profit organization dedicated to creating a sustainable future.
Chief Legal Officer. National Center for Atmospheric Research. Foothills Lab Anthes Building. https://ucar.wd5.myworkdayjobs.com/en-US/UCAR_Careers/job/Chief-Legal-Officer_REQ-2024-126-1. 15 years of experience in corporate, business, IP, and employment law; Compensation Range: $292,702 - $325,000. At NCAR - the National Center for Atmospheric Research - we study weather, water, climate, air quality, and space weather to help protect lives and livelihoods, grow the economy.