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    • Apr 08, 2021

Kevin Poloncarz

Partner

San Francisco +1 415 591 7070

  • About
  • Representative Matters
  • Credentials
  • About

    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.

    Kevin 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.

    Kevin 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. He also helps clients establish and communicate their ESG commitments and decarbonization objectives to investors, customers and other stakeholders.

    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).
    • 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 Nos. 20-1160 and 20-1221).
    • 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 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, 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).  
    • 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’ and federal enactment of legislation or rules to phase-out HFCs.
    • 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 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 and clean energy standards.
    • Represented investment bank in negotiations with upstream and downstream counterparties for purchase and sale of renewable power and associated renewable energy credits (RECs).

    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
    • 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)
    Memberships and Affiliations
    • Director, Environmental Law Institute, Board of Directors
    • Advisory Board, Center for Applied Environmental Law and Policy
    • Advisory Board, The Institute for Policy Integrity at New York University School of Law

    Areas of Expertise

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