Climate work is all we do.
It has been a few months since we last introduced our firm and our work!
As sustainability moves from largely philanthropic and voluntary - to compliance-driven and highly regulated - we serve our clients by leveraging our deep understanding of the increasingly technical nature of sustainability and climate work.
Our work focuses on the building sectors, which means we work with owners (single assets to portfolios large and small), tenants, developers, contractors, industry groups and non-profits. Most of our clients have embedded some sustainability values into their business and others are just getting started on their journey.
What do we do?
We help public and private entities manage risk, support compliance, and drive deeply sustainable outcomes through strategic planning and climate-aligned contracts. Our work generally focuses on a few key aspects:
Carbon disclosure laws (California’s SB 253)
Anti-greenwashing legislation (AB 1305 and Canada’s Competition Act)
Compliance with Building Performance and Emissions Standards
Leases that align owners and tenants towards shared climate goals
Environmental, Social, and Governance (ESG) goals, metrics and strategic guidance
Building Performance and Emissions Standards - a key aspect of our work!
Building Performance Standards (BPS) are a new type of regulatory tool that sets specific performance requirements (energy or carbon) for existing buildings. BPS are serious: there are mandatory compliance deadlines and real penalties for non-compliance. BPS have been Implemented in thirteen US jurisdictions with 34 others committed (as of July 2024, including Seattle).
Leases are the legal document that governs the owner / tenant relationship including important obligations related to costs, roles and responsibilities, compliance with laws, etc. BPS are so new to the market (the first was implemented in 2018) that virtually all leases were written in a time that pre-date BPS, which this presents significant risks for owners and tenants.
We draft, revise and negotiate leases that align owners and tenants towards compliance with these new regulatory requirements.
We help our clients develop fair and transparent lease language that supports regulatory compliance and ESG goals and metrics (including “S” metrics). We believe that sustainability can and should be a risk management tool and value-add. And there are many creative ways that leases can support strategies that benefit the local communities - beyond the four walls of the project.
Strategic Guidance
State and local governments are also implementing laws that require companies to disclose their climate impacts and reduce greenwashing.
As of mid-2024, at least four states are considering carbon disclosure regulations: New York, Washington, Illinois, California (and the impacts will extend far beyond state lines)
We help our clients determine applicability, develop compliance strategies, assess and manage business risks, and draft / update disclosure documents and websites.
Environmental, Social and Governance - ESG
In today’s world, contracts should align with, clarify, and support ESG goals and requirements - all the way through the supply chain. We provide steady guidance through these rapidly evolving times.
We help our clients understand that leases and other contracts are just good Governance. Lenders and insurance carriers are paying close attention to these issues and requesting documentation of roles and responsibilities. We develop strategies that manage risk, and emphasize health, wellness, and inclusive design.
Why work with us?
In today's world, you don't need a generalist, you need a law firm with experience in climate-specific issues. That’s why climate work is all we do!
We are one of the few law firms that has extensive experience with real estate, design, and construction issues, and a deep knowledge of the technical aspects of sustainable building practices. Our lawyers maintain numerous sustainable building credentials, including:
LEED Green Associate
WELL AP and Faculty
Fitwel Ambassador
EcoDistricts AP
Our lawyers have also been recognized as leaders by industry leaders by industry organizatiions:
American Institute of Architects
International WELL Building Institute
Types of questions we can help clients answer:
How do we talk about our climate goals and share our sustainability winss without greenwashing?
How do we work with our tenants to ensure our building complies with the new building performance standard in our jurisdiction?
How can our portfolio support our ESG goals and client requests for ESG-related information?
Can you review our website and marketing materials and advise whether our “green” claims are defensible?
What portfolio level strategies add value while managing regulatory risk?
As tenants, how can we make sure ownership shares our goals, and the sustainability strategies we are implementing in our leased space maintain their value?
Another way to learn more about our work: watch our interview with attorney Patrick Miller of the California Lawyers Association.
And, if you are interested in working with us, reach out!
This is common sense, but bears repeating: this blog is intended for informational purposes and does not contain or convey legal advice. The law is inherently fact specific. General information, including this blog, should not be used as a substitute for competent legal advice from a lawyer you have retained and who has agreed to represent you. Climate Aligned Law is licensed in Washington state.