December 7, 2021

Volume XI, Number 341

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E. Carter Chandler Clements

Carter’s practice focuses on environmental aspects of business transactions, environmental litigation, agency rulemakings and permitting.

A significant portion of Carter’s practice involves the handling of environmental aspects of complex business transactions, including due diligence and drafting and negotiation of transaction documents. She represents a broad range of clients including companies and trade associations in the electric generation, manufacturing and transportation industries, banks and other financial institutions, waste management firms and developers. Her recent work has included advising tax equity investors on environmental matters related to numerous wind and other renewable energy projects, and advising corporate clients regarding environmental aspects of business acquisitions. Carter also has experience representing clients involved in environmental commodities trading and hasa background in corporate and transactional law.

Carter’s practice also includes representing clients in agency rulemakings and permitting. She has represented clients in federal appellate and district court litigation involving the Clean Air Act (CAA), Endangered Species Act (ESA), Clean Water Act (CWA), Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), National Environmental Policy Act (NEPA) and other environmental statutes. She is admitted to practice in the US Courts of Appeals for the District of Columbia Circuit, the Sixth Circuit, and the Eleventh Circuit, and the US District Court for the District of Columbia.

Relevant Experience

  • Represents investors and lenders in environmental matters in connection with the development and acquisition of major energy facilities (including coal, gas, wind, and geothermal).
  • Represented electric utility group in the US Supreme Court and the US Court of Appeals for the District of Columbia Circuit in litigation involving the scope of and limits on Environmental Protection Agency’s authority under the CAA to regulate emissions to address interstate air quality.
  • Represented land-owning companies in ESA litigation resulting in favorable precedent-setting appellate court decision.
  • Represented international manufacturing company in CERCLA litigation involving a major industrial site.
  • Represented utility and other industry clients in litigation under the CAA, ESA, CWA, CERCLA, and NEPA.
  • Represents electric utility and other industry clients in rulemakings under the CAA.
  • Drafts and negotiates verified emission reduction purchase agreements (VERPAs) and renewable energy certificate (REC) purchase agreements for both buyers and sellers.
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Articles in the National Law Review database by E. Carter Chandler Clements

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