Heenan Blaikie brings a full-service approach to its Cleantech, Climate and Sustainability practice. The group embraces not only members from the firm’s relevant practice areas but also the strategic advisory services of our consulting arm, Heenan Blaikie Consulting, and its in-depth expertise in government and First Nations relations, dispute resolution, and domestic and international policy.
Our broad range of clients includes:
- large and fast-growing companies
- start-ups
- Aboriginal groups
- government institutions
- developers
- venture capital investors
- financial institutions
- private equity funds
- contractors
- service providers
Services Overview
Our Cleantech, Climate and Sustainability group provides advice in connection with:
- Renewable energy – drafting and negotiating all project agreements, including power purchase agreements related to wind power, solar energy, biothermal and geothermal energy, and biomass conversion
- Clean technology – projects related to water treatment, reuse of grey water, heating, cooling, mining, forestry and natural resources, energy generation, efficiency and storage
- Smart grid technology – transmission agreements, electricity connection agreements, regulatory aspects, real estate matters including negotiation of rights of way, and cross-border transmission lines
- Corporate and commercial – development and financing of cleantech projects, commercialization of cleantech products, corporate governance, acquisitions and divestitures of clean technology projects, tax structuring, corporate social responsibility, commercial contracts, and international trade issues
- Construction law – construction and related contracts involving wind and solar farms, water treatment facilities, waste diversion plans and other energy facilities; green building (LEED certification) issues; payment and performance claims involving green developments
- Infrastructure and public-private partnerships – public bidding for infrastructure projects; construction, financing and operation of public-private partnership projects; P3 best practices; application of innovative technologies to reduce project costs; financial risk sharing between public and private partners
- Carbon markets and management – drafting and negotiating emissions reduction purchase agreements (ERPA and VERPA); analyzing provincial, national, regional (such as the Western Climate Initiative) or international cap-and-trade requirements and opportunities as well as opportunities resulting from any offset system; assisting in the development and implementation of Clean Development Mechanism (CDM) or voluntary offset projects; complementary government policies; energy efficiency measures; renewable energy systems
- Aboriginal and First Nations issues – funding for Aboriginal sustainable clean energy developments, revenue-sharing agreements, land claims, Aboriginal consultation and renewable energy approvals
- Environmental law – advice and representation on issues associated with property and project development, production, distribution and marketing, and issues associated with emissions and contamination of land, water or air. Key compliance areas include permitting, compliance with regulatory conservation initiatives, and environmental protection. Property and project management issues include environmental assessments for projects, due diligence in transactions, brownfields conversion, and remediation initiatives
- Regulatory matters – corporate disclosure of climate change regulatory risks, inventory and management of carbon footprints, compliance with statutory reporting obligations including annual reporting of greenhouse gas emissions, regulatory approvals and waivers for cleantech projects, climate change policies and regulations
- Intellectual property – assistance in identifying, assessing, strategizing and exploiting clean technology opportunities, including “freedom to operate” opinions, licensing arrangements, technology transfers, valuation and designing around problematic patents; research, development and protection of clean technology by securing patent, trade-mark and industrial design registrations and by copyright; enforcement of clean IP rights through litigation
- Green marketing and advertising – assistance in developing, defending and challenging environmental claims for marketing and advertising materials, and communications with other stakeholders
- Litigation – clean technology IP litigation and dispute resolution, environmental permitting, market manipulation practices, energy and natural resources litigation, contract disputes
Heenan Blaikie’s Cleantech, Climate and Sustainability practice comprises distinguished members who enhance our team’s expertise and insight in these areas, including:
- the Honourable Donald J. Johnston, former Secretary-General of the OECD and developer of the OECD Sustainable Development Program
- Pierre Marc Johnson, former Premier of Quebec and a leading figure in environmental law and international negotiations
- Jessica L. McDonald, former Deputy Minister to the Premier of British Columbia and a key participant in B.C.’s sustainability initiatives
- Jacques Lamarre, former President and CEO of SNC-Lavalin
- Geoff Plant, former Attorney General of British Columbia and Minister Responsible for Treaty Negotiations
Organizational Involvement
Many of our lawyers are active in or have led various associations and organizations that deal with climate change, cleantech and sustainability issues, including:
- The Renewable Energy Coalition National Round Table on the Environment and the Economy
- OECD Sustainable Development Program
- National Brownfield Association
- Society, Environment and Energy Development Studies (SEEDS)
- Ontario Environment Industry Association (ONEIA)
- World Wind Energy Association
- Centre for International Sustainable Development Law
- Conseil patronal de l’environnement du Québec
- RÉSEAU environnement