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Source: Bloomberg
Jan. 22 (Bloomberg) -- Lawyers are becoming some of the
best-paid environmentalists.
Twenty of the 100 highest-grossing U.S. law firms have
started practices advising companies on climate change, according
to a Bloomberg survey of the firms' Web sites. The attorneys help
clients finance clean-energy projects and lobby Congress,
typically billing $500 to $700 an hour.
Firms including Akin Gump Strauss Hauer & Feld, Heller
Ehrman and Sheppard Mullin Richter & Hampton joined the global
warming cause as real-estate and structured-finance attorneys
lost jobs to the worst U.S. housing slump in 27 years. The move
into climate-change law is gaining traction as Congress considers
a mandatory carbon market to curb greenhouse gas emissions.
``Since the elections last November, climate change has had
a higher profile as a political issue,'' said Paul Gutermann, co-
leader of Washington-based Akin Gump's group, which comprises 50
of the firm's 1,023 attorneys.
Gutermann's team is helping clients including PG&E Corp.
push U.S. lawmakers to establish a market that uses so-called
carbon credits to penalize heavy polluters financially. Senators
John Warner and Joseph Lieberman introduced a bill inspired by
Europe's carbon market, and attorneys predict some legislation
will pass after President George W. Bush, who opposes mandatory
caps on emissions, leaves office in a year.
Global warming, driven by heat-trapping gases, is causing
Arctic ice to melt and sea levels to rise, a United Nations panel
of scientists said last year.
International Action
International reaction has sparked interest in reducing
carbon dioxide emissions, making energy use more efficient and
adding to non-polluting power sources.
Baker & McKenzie, a Chicago-based firm with 3,335 lawyers,
was a pioneer, creating a climate-change group a decade ago. It
became profitable after two years, said Richard Saines, who heads
the U.S. part of the practice.
The 60-lawyer team brought in estimated revenue of $15
million to $20 million in 2007, Saines said. The firm's total
revenue in 2006 was $1.52 billion, according to the trade
magazine American Lawyer.
``We saw this as one of the key international-law issues
that would affect U.S.-based multinationals,'' Saines said. ``And
that is now the case.''
Saines and others wouldn't disclose how much they bill.
Hourly rates for climate-change partners at the biggest law
firms in the largest U.S. cities are typically $500 to $700, said
Chuck Wehland, an environmental partner at Washington-based Jones
Day, which started a practice in 2001.
Lawyers' Fees
In the Midwest and Pacific Northwest, attorneys more often
charge $300 to $500, said Rick Glick, president of the American
College of Environmental Lawyers. The range is in line with fees
for attorneys in other practice areas, said Edward Zaelke, a
partner in the 28-person renewable-energy practice at New York-
based Chadbourne & Parke.
PG&E paid Akin Gump $400,000 for lobbying Congress in the
first half of 2007, according to a federal disclosure statement.
Not all the activity was climate-related and the team did more
than lobby, Gutermann said. He declined to elaborate.
Companies in all U.S. sectors are turning to lawyers to help
them build systems to monitor, report and verify carbon credits,
lawyers say.
The world carbon-trading market tripled to about $30 billion
between 2005 and 2006, according to the World Bank. Such a market
in the U.S. may reach as much as $300 billion by 2020, Peter
Orszag, director of the Congressional Budget Office, said in U.S.
House testimony last year.
European Model
The model proposed by Warner, a Virginia Republican, and
Lieberman, an independent from Connecticut, is similar to the
European Union's emissions program. Heavy polluters must buy
credits to comply, while cleaner companies can profit by selling
them.
``The idea is you let the people who are doing the polluting
find the most efficient way to reduce pollution,'' said Robert
Zwirb, a derivatives lawyer at New York-based Cadwalader
Wickersham & Taft. ``If one utility can do it more cheaply than
another, they engage in a trade. It's similar to swaps, only
instead of dealing with interest rates, you're dealing with
greenhouse gases.''
Akin Gump started its group two months ago with lawyers from
existing practices expert on the environment, energy litigation,
investments, project finance and public policy. San Francisco-
based Heller Ehrman created its multidisciplinary team a year
ago. Sheppard Mullin started a 50-member practice in May.
Growing Market
Building on existing clients, Los Angeles-based Sheppard
Mullin has produced a ``substantial influx of work'' on land use,
compliance and energy projects, said Randolph Visser, who heads a
climate group comprised of 50 of the firm's 517 lawyers.
Customers include transportation companies in the Port of
Los Angeles and FirmGreen Energy Inc., a closely held Newport
Beach, California, developer of clean technology that the law
firm is helping to negotiate a $25 million investment by Morgan
Stanley.
``These are evolving marketplaces that require scrutiny by
law firms to make sure we are in compliance and to take advantage
of marketing opportunities,'' said FirmGreen Chief Executive
Officer Steven Wilburn. ``If you just look at the hourly rate, it
seems hard to justify. But if you look at the overall business
plan, it's a cost you have to plan for.'' Wilburn would not
disclose how much FirmGreen pays attorneys.
Climate-change attorneys also advise private-equity firms
and hedge funds on clean-energy projects.
Energy Investments
Worldwide investments in sustainable energy sources such as
wind, solar and water power rose 43 percent to $70.9 billion in
2006, according to a UN report.
In the U.S., more than $4 billion was invested in wind
projects alone, according to Chadbourne's Zaelke, who specializes
in financing and developing wind farms.
One of Zaelke's clients, John Deere Renewables, has invested
more than $500 million since 2005 in community wind farms in
seven states. The company, part of the financial services arm of
Des Moines, Iowa-based Deere & Co., gets advice on supply
agreements, project development and tax structures, said David
Drescher, general manager of John Deere Wind Energy.
``They've been to a lot of wind farms,'' Drescher said.
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