The Current State of Play of Carbon Credit Markets

Dr. Peter F. Mayer | Stairs Dillenbeck Finley Mayer PLLC

Dr. Peter Mayer is a partner at Stairs Dillenbeck Finley Mayer PLLC in New York City. Peter has a wealth of experience involving climate transactions. He advises companies in connection with corporate and commercial joint ventures in the energy industries. He also advises emerging growth technology companies and investors on venture capital, private equity, M&A and strategic transactions. Peter earned a J.D. and his Ph.D. from the University of Heidelberg. Click here to learn more. Email: [email protected].

Dr. Siegmar Pohl | Kilpatrick Townsend & Stockton LLP

Dr. Siegmar Pohl is co-leader of the Kilpatrick’s Entrepreneurship Through Acquisition/Search Funds and Venture Capital and Emerging Companies practices. Siegmar and his team help climate tech, clean tech, renewable energy companies and investors with seed and venture financings, R&D, licensing, joint ventures and alliances, strategic investments, and mergers and acquisition matters. Because his deals frequently involve parties from the U.S., Europe, China, or Japan, Siegmar is particularly savvy in market-entry and cross-border issues, such as avoiding pitfalls of foreign governing law and negotiation culture. His in-depth expertise often helps clients implement legal structures and tech transfers that optimize international or domestic tax exposure. Siegmar earned a J.D. from the Universität Trier, his Ph.D. from Rheinische Friedrich-Wilhelms-Universität Bonn, and LL.M. from University of Iowa College of Law. Click here to learn more. Email: [email protected].

John F. Pierce | Kilpatrick Townsend & Stockton LLP

John Pierce is a partner in Kilpatrick’s Seattle office. For more than three decades, John’s practice has focused on structuring, development, and financing of energy and infrastructure projects. He is one of the nation’s leading energy attorneys and works with clients on carbon mitigating credits, offsets and trading structures, the creation and application of carbon trading protocols and markets, carbon sequestration, other environmental attributes and mandates, and related market-based means to add value to certain energy projects. John earned a J.D. from the University of Washington School of Law, and his B.S. from San Francisco State University. Click here to learn more. Email: [email protected].

I. Define and Distinguish Carbon Credits, Attributes, Mandates, and Markets | 2:00pm – 2:30pm

• Synopsis of carbon credits, mandates and voluntary credits:
  • Legal definitions
  • Regulatory frameworks
  • Legal risks and liabilities
    • Risks, fraud, and misrepresentation
    • Reputational risks

II. Contractual Considerations | 2:30pm – 3:00pm

• Contractual allocation of environmental attributes between development partners
• Carbon credit purchase agreements:
  • Critical elements of carbon credit purchase agreements
    • Pricing mechanisms
    •  Verification standards
    • Delivery obligations
    • Representations and warranties
    • Covenants
    • Right of first offer
    • Leakages and reversals in the context of carbon removal credits

Break | 3:00pm – 3:10pm

III. Legal Risks and Liabilities | 3:10pm – 3:25pm

• Due diligence and verification
• Managing legal risks
  • Potential legal challenges
  • Disputes
  • Fraud and misrepresentation
  • Non-performance

IV. Transnational Issues | 3:25pm – 3:40pm

• WTO; Art. 6 Paris Agreement; CBAM and Emissions Trading System (ETS)
• Case Studies:
  • Brazil
  • Indonesia
  • Africa – REDD+
  • Canada – Big Coast
  • Bolivia
  • Other