Negotiating Carbon Credit Agreements

About the Course:

Negotiating carbon credit agreements is an extremely complex endeavor. This session provides a thorough review of the legal, regulatory, tax, and business issues that are associated with carbon credits. Some of these issues include a review of the primary differences between the two types of carbon markets - compliance and voluntary markets. Steve Jones also provides a detailed overview of cap-and-trade programs.

The following are among the contractual issues that are negotiated in connection with carbon credit agreements:

  • Additionality, measurable baselines and net reduction in emissions
  • How credits are to be sold and transferred
  • Definitions as to exactly what is being sold
  • Quality and prices of credits sold
  • Insight into delivery types such as spot, forward, option, hybrid and derivative
  • Who bears responsibility for performance when issues such as nationalization occurs, when project loses right to deliver emissions, and when project is physically damaged
  • Procedures for managing shortfalls in delivery
  • Negotiating representations and warranties in terms of no litigation, monitoring plans, financing, and encumbrances
  • Defining conditions to default such as non-payment, breaches of reps and warranties, cross default, and delivery failure
  • Ascertaining responses to default such as no fault default, penalties, interest and remedies
  • Procedures for resolving disputes

Course Leader: Stephen C. Jones, Shareholder, Greenberg Traurig

Steve Jones has been practicing environmental law, representing chemical and manufacturing companies, private developers and investors, venture capital, and public entities, for over 25 years. He routinely advises traditional and clean tech companies, and represents them before regulatory agencies, regarding solid and hazardous waste, water quality, air quality, and hazardous materials issues.

Steve is the Chair of Greenberg Traurig's Climate Change Task Force and has been involved in developing carbon strategies for companies, advising clients regarding greenhouse gas reporting and disclosure obligations, and the creation and monetization of carbon credits and offsets. He has represented public agencies and private parties in all aspects of the California Environmental Quality Act (CEQA), including preparation of, comments on, and challenges to negative declarations, mitigated negative declarations, and environmental impact reports, development of and challenges to mitigation determinations and, more recently, advising clients regarding climate change significance determinations and disclosures.

Course Length: Approx. 1.5 hours


Purchase Now:

Need help purchasing this course? Please contact Neomi Barazani at 609-919-1895 ext. 100 or at