Carbon sequestration developers and carbon offset buyers and sellers are represented by Schwabe.

Experience

  • Represented a conservation entity that owns a 50,000-acre tract in California’s redwood region in its sale of a complex working-forest conservation easement and its subsequent verification and disposition of a significant volume of forest carbon credits under both the voluntary Climate Action Reserve carbon market and the California Air Resources Board market.
  • Advised a carbon project developer on the deal structure and created documents for an approximately 75,000-acre improved forest management carbon project in Alaska and a companion project involving the permanent retirement of approximately one billion tons of coal reserves by way of equitable servitude.
  • Advised a carbon project developer in connection with a large-scale grasslands carbon project in Montana.
  • Reviewed and revamped carbon project transaction documents for several different carbon developers and landowners, including carbon development agreements for improved forest management, reforestation and grasslands projects, and Emission Reduction Payment Agreements (ERPAs).
  • Advised project developer regarding a proposed large-scale, innovative reforestation carbon project in Oklahoma.
  • Advised various landowners and project developers on negotiations and documentation regarding multiple ERPA transactions for the sale of over 10 million offsets and/or allowances to regulated and unregulated third-party purchasers.
  • Advised a carbon project developer regarding an improved forest management carbon project on lands located in the Arch Cape region of the Oregon Coast.
  • Advised a carbon project developer on a proposed forest conservation carbon project in Oceania that would generate offset credits to be traded in the European carbon market.
  • Counseled on the sale of offsets by a Northern California tribal entity to a natural gas company.
  • Advised timberland owners on forest carbon transactions and alternative revenue stream transactions (e.g., highest and best use sales, wind, solar, and other energy projects).

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