Climate Change Adaption and Mitigation

We provide counsel to clients seeking to maximize opportunities and manage risks from climate impacts through adaptation and mitigation. Adaptation attempts to change structures and systems in the built environment to address the risks and impacts created by climate change. Mitigation focuses on reducing sources of climate change, such as greenhouse gas and other anthropogenic emissions.

Adaption strategies include carbon sinks, smart grids and microgrids that are flexible, creating critical energy from multiple fuel and power sources, including the sun and the wind. R+C's Sustainability Group works with energy industry developers to provide legal solutions for better technologies for battery and power storage from these renewable resources and the software and controls for these new power and electricity networks. Our group supports the development of projects and facilities with the goal of incorporating resilience metrics for critical infrastructure systems that protect communities and strengthen the resilience of the economy in the face of climate change.

R+C's Sustainability Group also has broad experience in climate change programs and represents clients in their efforts to meet climate change policy regulations. We have experience in advising clients in carbon markets and greenhouse gas regulatory compliance. Our team also includes land use lawyers who counsel clients on land use regulations related to coastal development and who are adept at understanding recent changes in the regulation of development to address or respond to climate change.

    • Experience
      • Represented shorefront property owner in application to Connecticut Department of Energy and Environmental Protection for permit to rebuild house damaged by Hurricane Irene. Successfully argued that client's house had pre-dated the passage of coastal management statutes in Connecticut and was thus eligible for permit under the simpler certificate of permission program.

      • Represented developer of a subdivision that included a wind turbine as a prominent feature in an action against subdivision purchasers who reneged on promises to reconfigure subdivision open space to allow for development of the wind turbine. Successfully negotiated resolution to dispute.

      • Counsel to a provider of renewable energy in connection with legislative efforts to refine the restructuring legislation in order to expand the class of renewable energy available for sale by electric suppliers in the competitive market for such services.

      • Counsel to renewable energy power producers on state regulatory matters and lobbying services.

      • Succeeded in amending the law that dictates the eligibility criteria for renewable energy resource classification, which is a critical component in the procurement of renewable energy supply and in the health of the marketplace for the expansion of new resources.

    • Publications + Presentations
    • "Climate Change Regulations," published in Discretionary Land Use Controls: Avoiding Invitations to Abuse of Discretion, authored by Brian W. Blaesser, Chapter 8 (2015)
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      "Land Use and Sea Level Rise: Practice Tips for Land Use Practitioners in the Wake of Changing Regulatory Schemes," published in Probate & Property, authored by Sorell E. Negro (July/August 2015)
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      "Sea Level Rise and Property Rights: Recent Cases and Surging Issues," presented by Sorell E. Negro, at the ABA's Section of Real Property, Trust and Estate Law's (RPTE) Spring Symposia in Washington, DC (5/1/2015)
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      "Sea Level Rise and Property Rights: Recent Cases and Surging Issues," presented by Christie D. Jean, at the ABA's Section of Real Property, Trust and Estate Law's (RPTE) Spring Symposia in Washington, DC (5/1/2015)
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      "Preparing, Adapting, and Rebuilding: Rising Sea Levels Raise New Legal Issues," published in Probate & Property, authored by Sorell E. Negro, a publication of the American Bar Association (11/12/2013)

      "Are We Prepared?" at Connecticut Power & Energy Society's (CPES) annual Energy, Environment, and Economic Development Conference; Moderator of panel discussion on whether we are prepared for the next emergency, presented by Joey Lee Miranda (3/13/2013)

      "Protecting the Public Through Hazard Mitigation Planning," published in Homeland Security and Emergency Management: A Legal Guide for State and Local Governments (2nd Edition) ABA Press, co-authored by Dwight H. Merriam and Rufus C. Young, Jr. (2010)
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Our Team