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Kevin Poloncarz

Partner

San Francisco +1 415 591 7070

  • About
  • Representative Matters
  • Credentials
  • About

    Kevin Poloncarz co-chairs the firm’s Environmental and Energy Practice Group, Energy Industry Group and ESG Practice.

    Kevin is ranked by Chambers USA among the nation’s leading climate change attorneys and California’s leading environmental lawyers and by Chambers Global among the top climate change lawyers, with sources describing him as “exceptional,”  “a superb attorney,” and “one of the most gifted advocates in this space in the country.”

    He represents electric utilities, financial institutions, investors and companies in policy, litigation and transactional matters concerning power and carbon markets, carbon dioxide removal (CDR) technologies, carbon capture, utilization and storage (CCUS), sustainable aviation fuel, and clean hydrogen.

    He also convenes the Energy Strategy Coalition, whose members currently include Austin Energy, Calpine Corporation, Constellation Energy Corporation, National Grid USA, New York Power Authority, NextEra Energy, Inc., Pacific Gas and Electric Company, and Sacramento Municipal Utility District.

    Areas of Expertise

  • Practices and Industries
  • Representative Matters
    • Represented coalition of major power companies in successfully challenging U.S. EPA’s Affordable Clean Energy (ACE) Rule and repeal of the Clean Power Plan, American Lung Ass’n v. EPA, 985 F.3d 914 (D.C. Cir. 2021), and in securing narrow ruling from the Supreme Court preserving EPA’s authority to regulate power-sector carbon emissions in West Virginia v. EPA, 597 U.S. (2022).
    • Representing coalition of advanced energy interests and power companies as respondent-intervenors in support of EPA in litigation challenging EPA’s revised GHG standards for light-duty vehicles for model years 2023-2026, Texas v. EPA, No. 22-1031 (D.C. Cir.) and EPA’s reinstatement of a waiver of federal preemption allowing California to enforce its own greenhouse gas and zero emission vehicle standards for light-duty vehicles, Ohio v. EPA, No. 22-1081 (D.C. Cir.).
    • Representing coalition of advanced energy interests and 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 Nos. 20-1160 and 20-1221).
    • Represented major refiner in hearing concerning appeals of county’s certification of an environmental impact report under the California Environmental Quality Act (CEQA) to convert a circa 1913 petroleum refinery to production of renewable diesel from feedstocks such as tallow, used cooking oil, distillers corn oil and soybean oil.
    • Represented carbon capture, utilization and storage (CCUS) project developer in advocating for passage of set of bills by California Legislature establishing Carbon Capture, Removal, Utilization, and Storage Program in California and codifying state policy to achieve net zero GHG emissions no later than 2045 and to reduce anthropogenic GHG emissions to 85 percent below 1990 levels by that date.
    • 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, United States. v. California, 444 F.Supp.3d 1181 (E.D. Cal. 2020); United States v. California, --- F.Supp. ---, 2020 WL 4043034 (E.D. Cal. 2020).
    • 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 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, Chabot-Las Positas Community College Dist. v. EPA, 482 Fed.Appx. 219 (9th Cir. 2012), In re Russell Energy Center, LLC, 15 E.A.D. 1 (EPA Env. Appeals Board, 2010).  
    • Representing producer of low-global warming potential replacements for hydrofluorocarbons (HFCs) with respect to several states’ and federal enactment of legislation or rules to phase-out HFCs and EPA rulemaking to implement American Innovation in Manufacturing Act.
    • Represented purchasers of ARB Offset Credits in dozens of transactions.
    • Represented major conservation organization in the acquisition of carbon reduction project and adjacent lands in South America and in development of agreements for registration, verification and marketing of voluntary carbon offsets from forest conservation projects.
    • 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 and clean energy standards.

    Areas of Expertise

  • Credentials
    Education
    • The University of Chicago Law School, J.D., 1998
    • Hobart College, B.A., 1995
        • summa cum laude
    Bar Admissions
    • U.S. Supreme Court
    • U.S. Court of Appeals for the District of Columbia Circuit
    • U.S. Court of Appeals for the First Circuit
    • U.S. Court of Appeals for the Ninth Circuit
    • U.S. District Court, District of Columbia
    • U.S. District Court, Eastern District of California
    • California
    Accolades
    • Law360, Environmental MVP (2022)
    • Fellow and Regent, American College of Environmental Lawyers
    • Chambers Global, Climate Change (2023) 
    • Chambers USA, Climate Change (2016-2023) and Environment (2013-2023)   
    • National Law Journal, "Energy & Environmental Trailblazer" (2017)
    • Who's Who Legal, Environment (2011-2023) and Climate Change (2016-2023)
    • The Best Lawyers in America, Environmental Law (2011-2022)
    • Law360, Environmental Law "Rising Star" (2013)
    Memberships and Affiliations
    • Lecturer in Law, Stanford Law School (2023)
    • Board of Advisors, Harvard Law School Environmental & Energy law Program
    • Advisory Board, The Institute for Policy Integrity at New York University School of Law
    • Advisory Council, The State Energy and Environmental Law Center at New York University School of Law
    • Board of Directors, Center for Applied Environmental Law and Policy

    Areas of Expertise

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