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Practice
Areas
We provide innovative and comprehensive legal services.
Please view our practice areas by selecting them
from the dropdown below.
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EMISSIONS
MANAGEMENT & GREEN POWER DEVELOPMENT
Thackray Burgess has established expertise
in the area of emissions and green power transactions.
Our lawyers have identified and managed risk
in this emerging market, structuring a number
of the first, largest and leading edge transactions,
both locally and world-wide, involving greenhouse
gas emission credits, abatement projects and
green power development projects.
With the Kyoto Protocol becoming international
law, Canada has future commitments to greenhouse
gas reductions. Internationally, the European
Union's Emissions Trading Scheme (EU ETS),
which became effective 2005, requires certain
installations throughout Europe to meet carbon
emissions targets in the three year period
(2005-07) preceding the first Kyoto compliance
period (2008).
In fall 2007, Thackray Burgess completed a
comprehensive review of climate change initiatives
across Canada, as well as international joint
efforts involving Canadian jurisdictions.
This review enables Thackray Burgess to provide
both thorough and up-to-date advice with respect
to government led climate change programs
that may impact our clients - in terms of
compliance and market opportunity.
This practice area will be of particular interest
to those who require greenhouse gas emissions
credits including large users of fossil fuels
or energy derived from fossil fuels, and operations
emitting large quantities of greenhouse gases.
Additionally, clients developing greenhouse
gas abatement projects either through the
deployment of new technologies or by adjusting
current operating practices should take note,
as they may be eligible for valuable emission
credits. Such projects include:
 landfill
gas capture projects
engineering
firms developing greenhouse gas abatement
technologies
acid
rain gas and carbon sequestration projects
farming
and forestry operations which may qualify
for emission credits by adopting certain environmentally
friendly practices
wind
farm installations and other green power development
projects
EMISSIONS MANAGEMENT
Thackray Burgess provides world-wide industry
contacts as well as problem solving, negotiation
and documentation for these complex transactions.
We have assisted clients on the following
matters and transactions:
the
interpretation of, and the development of
practical business solutions for client issues
associated with the Kyoto Protocol, the EU
ETS and the local implementing legislation
of various jurisdictions
lead counsel in transactions sourcing recognized emission reduction credits including transactions involving the purchase, sale/marketing and swapping of:
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Certified
Emission Reductions (CERs)
generated by abatement projects qualifying
as Clean Development Mechanism
(CDM) projects under the Kyoto Protocol |
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European
Union Allowances (EUAs) allocated
as part of the EU ETS among covered
EU installations |
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Emission
Reduction Units (ERUs) generated
by abatement projects qualifying as
Joint Implementation
(JI) projects under the Kyoto Protocol |
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Renewable
Energy Certificates (RECs)
available in various western European
jurisdictions and in Canada |
lead
counsel in transactions involving the financing
of Kyoto Protocol CDM projects in developing
countries
negotiation
of contracts for credits available from projects
sequestering acid rain gas and greenhouse
gas emissions from oil and gas processing
facilities
research
and funding agreements with governmental and
educational agencies for projects involving
the sequestration of greenhouse gases in depleted
oilfield reservoirs
Renewable
Energy Certificate or "green tag"
transactions (identifying reductions in carbon,
NOx, SOx and other harmful emissions) associated
with Alberta-based green power projects (see
"Green Power" below)
ancillary
carbon use transactions and the arrangements
for the credits associated with such transactions;
most notably projects employing carbon floods
for enhanced oil recovery and the commercialization
of coal bed methane reserves, as well as projects
for the liquefaction of carbon for use in
commercial applications
GREEN POWER
Thackray Burgess has advised on significant
green power facility development and related
transactions in Canada and Western Europe
including:
the
development, construction and operation of
wind farms including the Alberta 80 MW Taber
Wind Farm
the
supply, transportation and marketing of green
power generated by environmentally friendly
fuels (wind power, small scale hydro and biomass),
supplying the Netherlands and Germany with
green power produced in the Nordic countries
of Europe, and supplying the City of Calgary
with an estimated 260,000 MWh of green power
annually from the Taber Wind Farm
several
joint venture, partnership, disclosure and
confidentiality agreements with respect to
wind farm projects and the gathering and sharing
of information in relation to potential wind
generation locations
Several of the lawyers in this practice area
have published articles and presented on the
implications of the Kyoto Protocol and the
EU ETS at energy industry conferences.
View these articles in our publications
section.
View
a list of lawyers for Emissions Management
& Green Power Development
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