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Kevin Poloncarz represents a broad range of clients on policy, regulatory, litigation, commercial, and enforcement matters involving air quality, climate change, and clean energy. He co-chairs the firm’s Environmental Practice Group and Energy Industry Group.
Mr. Poloncarz is ranked by Chambers USA among the nation’s leading climate change attorneys and California’s leading environmental lawyers, with sources describing him as “a phenomenal” and “tremendous lawyer.” He was named an “Energy & Environmental Trailblazer” by the National Law Journal in 2017 and was inducted as a Fellow of the American College of Environmental Lawyers in 2018.
He has extensive experience with California’s Cap-and-Trade Program, Low Carbon Fuel Standard (LCFS), Renewables Portfolio Standard (RPS), and is recognized as a leading advisor on carbon markets. He also assists energy-sector clients in obtaining and defending state and federal approvals for major projects throughout California.
Mr. Poloncarz also assists clients with the development and execution of legislative and policy strategies supporting decarbonization, including carbon capture and sequestration, low-carbon fuels, advanced transportation and energy storage, and is a registered lobbyist in California and Oregon.
- Representing coalition of major power companies challenging U.S. EPA’s Affordable Clean Energy (ACE) Rule (D.C. Cir. Case No. 19-1140).
- Representing coalition of major power companies challenging U.S. EPA’s and National Highway Traffic Safety Administration’s Safer Affordable Fuel-Efficient (SAFE) Vehicles Rule Part One: One National Program (D.C. Cir. Case No. 19-1230; D.D.C. Case No. 1:19-cv-02826-KBJ) and SAFE Vehicles Rule for Model Years 2021-2026 (D.C. Cir. Case No. 20-1145).
- Representing four major electric utilities challenging EPA’s decision that regulation of hazardous air pollutant emissions from coal- and oil-fired power plants is not appropriate and necessary and defending against challenges to EPA’s Mercury and Air Toxics Standards (D.C. Circuit Case No. 20-1160).
- Represented conservation organization as amicus curiae in case brought by the United States challenging the linkage between California’s and Quebec’s cap-and-trade programs (E.D. Cal. Case No. 2:19-cv-02142-WBS-EFB).
- Represented four major electric utilities challenging the U.S. EPA's determination that its greenhouse gas emissions standards for cars and trucks are not appropriate and should be revised (California v. EPA, 940 F.3d 1342, D.C. Cir. 2019).
- Represented coalition of nine major power companies as intervenors defending U.S. EPA’s Clean Power Plan (D.C. Cir. Case No. 15-1363) and related carbon pollution standards for new, modified, and reconstructed electric generating units (D.C. Cir. Case No. 15-1381).
- Represented energy company in litigation challenging U.S. EPA's proposed Clean Power Plan as amicus curiae in support of respondent EPA (In re Murray Energy Corp., 788 F.3d 330, D.C. Cir. 2015).
- Represented coalition of five major California utilities as proposed amici curiae seeking to defend electric vehicle incentives in challenge brought to California’s LCFS by ethanol producers under the California Environmental Quality Act (CEQA).
- Represented developer of 620-MW combined cycle power plant in obtaining the first federal Prevention of Significant Deterioration (PSD) permit to limit emissions of GHGs and in successfully defending associated appeals to the EPA’s Environmental Appeals Board and U.S. Court of Appeals for the Ninth Circuit.
- Advised and represented investment banks and funds on transactions involving California Carbon Allowances and Renewable Energy Credits (RECs).
- Represented geothermal power producer on California renewables procurement legislation.
- Represented long-duration storage developer in California legislative and policy matters.
- Representing producer of low-global warming potential replacements for hydrofluorocarbons (HFCs) with respect to several states’ enactment of legislation or rules to phase-out HFCs.
- Represented purchasers of ARB Offset Credits in dozens of transactions.
- Represented major conservation organization in securing role for natural and working lands in California's climate programs.
- Represented power producer with respect to Oregon’s development of cap and invest program linked with California market.
- Advised developer of mine methane abatement project in West Virginia.
- Represented petroleum refiner in resolution of hundreds of Notices of Violation issued by CARB and local air districts concerning air quality requirements.
- Represented developer of geothermal power plants in obtaining PSD permits and assessing GHG impacts under CEQA.
- Represented power producers in several states in negotiating terms of power purchase and steam sales agreements concerning compliance with emissions standards.
- Represented investment bank in negotiations with upstream and downstream counterparties for purchase and sale of renewable power and associated renewable energy credits (RECs).
Memberships and Affiliations
- Director, Environmental Law Institute, Board of Directors
- Advisory Board, Center for Applied Environmental Law and Policy
- Articles Editor, Energy Law Journal, Energy Bar Association
September 10, 2019, The Recorder
April 2019, Energy Law Report
February 4, 2019, Covington Alert
With potential liabilities in excess of $30 billion stemming from a series of deadly wildfires that ignited across Northern California in 2017 and 2018, Pacific Gas and Electric Company and its holding company PG&E Corp. (PG&E) filed for Chapter 11 relief in the United States Bankruptcy Court for the Northern District of California on Tuesday.
Climate Policy Will Be A Heavy Lift For New Calif. Gov.
January 8, 2019, Law360
Kevin Poloncarz is quoted in Law360 regarding new California governor, Gavin Newsom’s aggressive long-term plans to tackle climate change in the U.S. and California. Former Gov. Jerry Brown laid down several ambitious climate change markers for Newsom before leaving office. Mr. Poloncarz says, "Jerry Brown made climate change and clean energy a legacy issue. ...
December 6, 2018, Covington Alert
The U.S. Environmental Protection Agency (EPA) and the California Air Resources Board (CARB) recently announced efforts to reduce emissions from heavy-duty trucks and engines.
From Paris to Pittsburgh: Non-Federal Efforts to Address Climate Change, ABA Section of Environment, Energy and Resources, Fall Conference
October 2018
Emissions Market Update: Update on Carbon Pricing in the West, Western States Power Pool (WSPP) Fall Meeting
October 2018
August 2, 2018, The Recorder
Kevin Poloncarz spoke with The Recorder regarding his move to Covington. Mr. Poloncarz says, “Covington [is] renown for regulatory expertise in D.C. on federal matters, and that was very much a draw for me. I do environmental and energy work, and it is regulatory in nature, and so I really felt that was a great fit between my practice and the firm.” Mr. ...
August 1, 2018
SAN FRANCISCO— Kevin Poloncarz has joined Covington as a partner in its Energy Industry Group in San Francisco. Mr. Poloncarz represents electric power, petroleum, and chemicals companies, financial institutions, and project developers on federal and state air quality regulation and carbon markets matters. He has been deeply involved in legal and regulatory ...
California's Climate Change Program
July 2018, Berkeley Law, University of California
Combating Climate Change in the Pacific Northwest
June 2018, Law Seminars International
May/June 2018, Trends, ABA Section of Environment, Energy and Resources Newsletter
Combating Climate Change in the Trump Era
April 2018, Los Angeles County Bar Association Environmental Law Section
West Coast Carbon Pricing Update
March 2018, WSPP Spring Operating Committee Meeting
California's Cap-and-Trade Post-2020
March 2018, Argus California Carbon and LCFS Summit
California Carbon Update, Buying & Selling Electric Power in the West
January 2018, Law Seminars International
West Virginia v. EPA: A Case Study in Political Theater, Ambition and Windmill Tilting
January 2018, Stanford University
Climate Change and Energy in California
September 2017, Law Seminars International
The California Report
April 2017, WSPP Spring Joint Operating and Executive Committee Meeting
Climate Change in the West - The Path Forward
February 2017, Law Seminars International
North American Carbon Market Update: The Clean Power Plan, California's Carbon Market at a Crossroads, and the Case for the Western Climate Initiative
December 2016, EUCI's Canada's Carbon Market Future
Lawsuits and Uncertainty with the Clean Power Plan and California's Cap-and-Trade Program
October 2016, Argus California Carbon Summit
Clean Power Plan Oral Argument Review
October 2016, ABA Section of Environment, Energy and Resources
Climate Change and International Law: What's Next After Paris?
October 2016, California State Bar, Environmental Law Section, Conference at Yosemite
EPA's Clean Power Plan: Analysis of the D.C. Circuit Court Oral Argument in West Virginia v. EPA
September 2016, D.C. Bar Section on Environment, Energy, and Natural Resources
State-Level Clean Power Plan Policy in the Southwest: How States Are Responding to the Supreme Court's Stay, Energy in the Southwest
August 2016, Law Seminars International
Legal Challenges to the Clean Power Plan: Perspectives from the Front Lines
May 2016, New York University School of Law Institute for Policy Integrity and UC Berkeley School of Law Center for Law, Energy and the Environment
Legal Issues Affecting the Clean Power Plan and California's Cap-and-Trade Program
January 2016, EUCI Optimizing Carbon Market Mechanisms in the Western Interconnect
Clearing the Air on the Status of Significant Air Regulations
March 2017, American Bar Association, Section of Environment, Energy and Resources, 46th Spring Conference
- Fellow and Regent, American College of Environmental Lawyers
- Chambers USA, Climate Change (2016-2020) and Environment (2013-2020)
- National Law Journal, "Energy & Environmental Trailblazer" (2017)
- Who's Who Legal, Environment (2011-2018) and Climate Change (2016-2018)
- The Best Lawyers in America, Environmental Law (2011-2020)
- Law360, Environmental Law "Rising Star" (2013)
Sustainability Toolkit: What GCs Need to Know
Analysis and guidance on the wide-ranging topic of sustainability.