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Kevin Poloncarz

Kevin Poloncarz represents a broad range of clients on policy, regulatory, litigation, commercial, and enforcement matters involving air quality, climate change, and clean energy. He co-chairs the firm’s Environmental Practice Group and Energy Industry Group.

Mr. Poloncarz is ranked by Chambers USA among the nation’s leading climate change attorneys and California’s leading environmental lawyers, with sources describing him as “a phenomenal” and “tremendous lawyer.” He was named an “Energy & Environmental Trailblazer” by the National Law Journal in 2017 and was inducted as a Fellow of the American College of Environmental Lawyers in 2018.

He has extensive experience with California’s Cap-and-Trade Program, Low Carbon Fuel Standard (LCFS), Renewables Portfolio Standard (RPS), and is recognized as a leading advisor on carbon markets. He also assists energy-sector clients in obtaining and defending state and federal approvals for major projects throughout California.

Mr. Poloncarz also assists clients with the development and execution of legislative and policy strategies supporting decarbonization, including carbon capture and sequestration, low-carbon fuels, advanced transportation and energy storage, and is a registered lobbyist in California and Oregon.

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Qualifying Carbon Capture and Storage under 45Q: How Biden’s Infrastructure Plan and Congressional Action May Provide a Realistic Role for CCS in Achieving Net Zero

This post is the 17th in our series, “The ABCs of the AJP.” President Biden’s American Jobs Plan (AJP) sends strong signals in support of carbon capture and sequestration as an important tool to achieve the President’s ambitious decarbonization objectives.… Continue Reading

Lines, Labor and Leveraging Capital: How the AJP Would Upgrade Transmission Infrastructure

This blog is the twelfth in our series, “The ABCs of the AJP.” Power lines, strung between high-voltage transmission towers, are etched across the American landscape. Yet the United States’ current transmission infrastructure is outdated and inefficient, plagued by bottlenecks and weak interconnections across regions, which limit the grid’s ability to integrate renewable generation and … Continue Reading

Jumpstarting A Cleaner, More Resilient Economy With Jobs

This is the tenth in our series on “The ABCs of the AJP.” Jobs, unsurprisingly, are at the heart of the Biden Administration’s ambitious, multi-trillion dollar infrastructure plan.  After all, the plan also goes by the name The American Jobs Plan (“AJP”).  Each of the sweeping goals of the AJP—from addressing climate change, to developing … Continue Reading

Hastening the Hydrogen Economy

This blog is the eighth in a series, “The ABCs of the AJP.” The latest Energy Transition technology now attracting massive investment and policy attention is “green hydrogen” produced using renewable energy to separate hydrogen from water that can be used both for bulk energy storage and then used to fuel gas-fired power plants or … Continue Reading

Ending Environmental Injustice with Infrastructure Investment

This blog is the fifth in a series, “The ABCs of the AJP.” President Biden’s American Jobs Plan (AJP) would mobilize $2.2 trillion in investment to address climate change and create jobs for Americans. According to the White House, “unlike past major investments, the plan prioritizes addressing long-standing and persistent racial injustice,” in part by … Continue Reading

The Climate Crisis and China

This blog is the third in a series, “The ABCs of the AJP.” An animating principle of President Biden’s American Jobs Plan (AJP) is the urgency to address climate change.  But a cross-current is competition with China.  This comes through not as subtext, but as the stated purpose.  According to the White House, “the President’s … Continue Reading

The United States’ New Nationally Determined Contribution (NDC) and the ABCs of the American Jobs Plan (AJP)

Today, on Earth Day, the United States made a bold move to resume international leadership on climate change by announcing the United States’ new target to achieve a 50 to 52 percent reduction in economy-wide greenhouse gas pollution from 2005 levels by 2030.  The President announced the target on the first day of the Leaders … Continue Reading

Canada Given Green Light to Carbon Pricing: The Supreme Court of Canada Upholds the Greenhouse Gas Pollution Pricing Act

On March 25, 2021, the Supreme Court of Canada upheld the Greenhouse Gas Pollution Pricing Act (“GGPPA”), which establishes a national pricing benchmark for greenhouse gas (“GHG”) emissions. Reference re Greenhouse Gas Pollution Pricing Act, case numbers 38663, 38781, and 39116. Several provinces challenged the law, arguing that it was unconstitutional and that it imposed … Continue Reading

The Role of Carbon Capture and Storage in California’s Net-Zero Future

Earlier today, the Energy Futures Initiative and Stanford University released a new joint report that provides policymakers in California with an action plan for realizing the significant decarbonization opportunities presented by use of carbon, capture and storage (CCS) technology within the state. The results of the study add to a growing body of evidence demonstrating … Continue Reading

CARB Adopts Advanced Clean Trucks Rule to Speed Zero Emission Vehicle Deployment

The California Air Resources Board unanimously adopted the Advanced Clean Trucks rule, which is designed to accelerate the adoption of zero-emission medium and heavy duty vehicles (“ZEV”).  By 2045, 100% of new trucks sold in the state will be ZEVs, consistent with the state’s broader goal of becoming carbon neutral by that year.… Continue Reading

Call Me By My Name: The Importance of the European Commission’s Proposed Climate Change Law

On March 4, 2020, the European Commission delivered the first major climate piece of its European Green Deal: it proposed a “European Climate Law,” which takes the form of a Regulation and establishes a framework for the irreversible and gradual reduction of greenhouse gas emissions and the enhancement of removals in the European Union.  The … Continue Reading

CARB Continues Global Leadership Role on Climate with Adoption of Tropical Forest Standard

After nearly a decade of work, on September 19, 2019, the California Air Resources Board (CARB) endorsed its much anticipated Tropical Forest Standard (TFS). The TFS is a first-of-its-kind framework for assessing jurisdiction-scale offset credit programs that reduce emissions from tropical deforestation and degradation. It is widely expected to serve as a replicable model for … Continue Reading

Legislation Introduced in Washington Senate Would Establish Linked Cap and Trade Program

On March 6, 2019, a bill was introduced in the Washington Senate, SB 5981, to establish a cap and trade program linked to the existing California-Québec program, which is implemented under the auspices of the Western Climate Initiative (WCI).  The bill mirrors many of the design elements from the California program, as amended pursuant to … Continue Reading

Rising from the Ashes: How PG&E’s Bankruptcy Threatens the Energy Sector and California’s Progress on Climate Change

With potential liabilities in excess of $30 billion stemming from a series of deadly wildfires that ignited across Northern California in 2017 and 2018, Pacific Gas and Electric Company and its holding company PG&E Corp. (PG&E) filed for Chapter 11 relief in the United States Bankruptcy Court for the Northern District of California on Tuesday. … Continue Reading

Northeast States to Tackle Transportation GHG Emissions

Nine Northeast and Mid-Atlantic states and the District of Columbia announced this week a new regional initiative to cap and reduce greenhouse gas pollution from the transportation sector.  Much remains to be decided before the program takes effect, however. Connecticut, Delaware, Maryland, Massachusetts, New Jersey, Pennsylvania, Rhode Island, Vermont, Virginia, and Washington D.C.[1] aim to … Continue Reading

EPA and CARB Begin Reexamining Heavy-Duty Vehicle Regulations

On November 13, 2018, the U.S. Environmental Protection Agency (EPA) launched its Cleaner Trucks Initiative (CTI), which will decrease nitrogen oxide (NOx) emissions by updating the existing NOx standard for heavy-duty trucks. EPA’s announcement comes just as the California Air Resources Board (CARB) updated its Heavy-Duty On-board Diagnostic (HD OBD) requirements and prepares to implement … Continue Reading

Governor Jerry Brown signs SB 100 and Executive Order to achieve carbon neutrality by 2045

On Monday, September 10, 2018, two days before kicking-off the Global Climate Action Summit he is co-hosting in San Francisco, California Governor Jerry Brown signed SB 100 (De León), The 100 Percent Clean Energy Act of 2018, which sets a state policy that eligible renewable energy and zero-carbon resources supply 100 percent (%) of all … Continue Reading

California Legislature Passes Bill Putting State on Path to 100% Renewable and Zero-Carbon Power

A bill that would set California on a trajectory toward carbon-free emissions from its electric power sector cleared a major hurdle with its passage through the California State Legislature. SB 100 (De León), The 100 Percent Clean Energy Act of 2018, sets a state policy that eligible renewable energy and zero-carbon resources supply 100 percent … Continue Reading
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