Torys' cross-border Climate Change and Emissions Trading Practice Group brings exceptional business law expertise to the many challenges and opportunities in this complex, multifaceted field. Understanding that the implications of the global warming movement extend to every aspect of modern business, our group is interdisciplinary, drawing on our depth of top-ranked expertise in a variety of fields, including energy and power; environmental, health and safety; corporate/commercial; securities; mergers and acquisitions; project finance; institutional lending; financial institutions; intellectual property; pension and employment; real estate and infrastructure; trade; tax; and litigation and dispute resolution.
In addition to helping our clients stay informed on the numerous domestic and international developments in the area, our group forms project-specific teams tailored to effectively and efficiently address our clients’ unique requirements.
Some of the areas in which we can help include
- interpretation of the current and anticipated international and domestic legislative responses to global warming
- energy and infrastructure project development and finance, including emissions credit–related projects
- climate change–related disclosure requirements, including disclosure that is adequate to meet the growing demands of institutional investors
- evaluating climate change risks as part of M&A and finance due diligence across all industry sectors
- evaluating and executing financing and investment opportunities, including for new companies involved in renewable energy, energy efficiency, technology pools, carbon funds and others
- emissions trading matters, including evaluating existing and anticipated regimes, markets and exchanges, and the development of related investment products
- evaluating climate change–related risks in lending and insurance, and helping devise appropriate investment policies and practices
We have recently represented
- a North American chemical manufacturer concerning eligibility for the Federal Credit for Early Action program
- a North American automotive manufacturer on climate-related litigation risk
- an Alberta based subsidiary of a global company in one of the largest compliance based emissions trades in Canada to date
- the proponent of a Kyoto Clean Development Mechanism project in Latin America in its business arrangements with other project participants and the host country, and in the project’s application for credits
- the National Round Table on the Environment and the Economy (Government of Canada), on regulatory and legal issues relating to adaptation to climate change including, in particular, as they apply to mining companies and tailings ponds in northern Canada
- a syndicate of agents led by CIBC World Markets in the proposed initial public offering of common shares of a corporation that was formed to invest in issuers who will benefit directly or indirectly from the impact of environmental concerns and climate change on the world economy
- a proponent in the development of a carbon fund with several unique attributes
- various companies in Ontario’s Nox and Sox emission allowance and trading regime, and on the implications of current and anticipated Kyoto-related legislation
- various companies in their climate change–related corporate disclosure requirements