Kyle W. Danish

Kyle Danish advises a range of clients on environmental and energy matters, with a special focus on legislation, regulation and permitting under the Clean Air Act, corporate climate strategy, and emissions trading-related transactions.  His clients include energy companies, financial institutions, offset providers, manufacturers, and industry coalitions. 

He has been recognized by Chambers USA, Chambers Global, the International Who’s Who of Environmental Lawyers, and Best Lawyers in America.   In 2013, Environmental Finance magazine included Mr. Danish on a list of 10 people it identified as “California’s Carbon Market Movers.”

Mr. Danish provides counsel to the Coalition for Emission Reduction Policy, a group of companies advocating for market-based flexibility in greenhouse gas regulation.  The Coalition consists of companies from the energy, manufacturing, financial, and agricultural sectors. 

He is a frequent speaker and has published numerous articles on global warming and emissions trading issues.  Mr. Danish also has authored several commissioned research papers on climate change and energy policy. 

Representative Matters 

• For an international energy company, providing due diligence on a possible investment in an LNG export facility;
• For a financial institution engaged in energy trading, analyzing developments relating to litigation on Environmental Protection Agency regulations and California’s cap-and-trade regulations;
• For a trade association, providing representation in the Court of Appeals for the District of Columbia Circuit in litigation involving Environmental Protection Agency Clean Air Act regulations;
• For an electric power company, drafting a standard greenhouse gas emission reduction purchase agreement for use in North American carbon markets;
• For a private equity fund, providing counsel on “early action” forest offset projects under the California cap-and-trade regulations;
• For an electric power company, providing counsel on compliance with allowance surrender obligations under the California’s cap-and-trade regulations;
• Advising a global technology company on its exposure to Clean Air Act Prevention of Significant Deterioration permitting for greenhouse gases, including facilitating meetings with the Environmental Protection Agency;
• For a mining and minerals company, providing analysis of possible directions for greenhouse gas regulation under the Clean Air Act;
• For the Bipartisan Policy Center, providing an analysis of the impact of litigation on Environmental Protection Agency rulemaking efforts under the Clean Air Act.
• For an electric power company, facilitating contacts with leadership at the Environmental Protection Agency regarding Clean Air Act regulations; and
• Analyzing opportunities for funding support to a biofuels company under evolving US Department of Agriculture programs.

Government Service

Special Assistant, Virginia Secretary of Natural Resources, 1990-1992

Professional and Civic Affiliations

• American Bar Association
• Adjunct Faculty Member, American University School of Law
• Adjunct Faculty Member, George Washington University Law School
• Editorial Board, Carbon & Climate Law Review

Honors & Distinctions

• Chambers Global, "Leaders in Their Field" 2013
• Best Lawyers in America; Environmental Law; 2011-2013; Litigation-Environmental; 2012-2013
• International Who’s Who of Business Lawyers; Environmental Law; since 2010
• Chambers Global; Climate Change; since 2008
• Chambers USA; Climate Change; since 2008; Environment; since 2011
• Super Lawyers; Environment; Energy and Natural Resources; Governmental Relations; since 2009
• Washingtonian; Environment; 2009, 2011

Publications

“The International Regime,” in Global Climate Change and U.S. Law (2^nd ed.), American Bar Association (M. Gerrard and J. Freeman eds.) (forthcoming)

“Global Climate Change,” in Clean Air Handbook (3^rd ed.), American Bar Association (J. Domike ed. 2011) (with T. Carbonell and K. Gallagher).  

Articles

• EPA Finalizes Air Pollution Transport Rule
• Upcoming EPA Regulations and Potential Impacts on Electric Reliability
• EPA Lays Further Groundwork for Permitting of Greenhouse Gas Sources Under The Prevention of Significant Deterioration Program
• International Offsets and U.S. Climate Legislation
• Special Issue on Climate Legislation and Regulation in the United States

Speaking Engagements

• Navigating the American Carbon World, April 16, 2013
• Special ELI Climate Briefing: Climate Policy 2013-2016, February 13, 2013
• LSI: Energy in California, November 12, 2012, New Policy Drivers, Opportunities and Challenges
• Environmental Law Institute Debrief of the D.C. Circuit's Oral Arguments on EPA's GHG Rulemakings, March 1, 2012
• Webinar: "Greenhouse Gas Regulation: EPA Takes Center Stage", September 30, 2010
• Environmental Markets Association Webinar: The American Power Act Briefing, May 18, 2010

News

• Kyle Danish Quoted on EPA Missing Deadline for New Power Plant Rule
• Kyle Danish Opines on McCarthy EPA Nomination
• Kyle Danish Profiled by Environmental Finance as a "Carbon Market Mover"
• Van Ness Feldman's Kyle Danish Quoted in SNL Energy's Power Daily
• Van Ness Feldman's Kyle Danish Quoted in Environmental Finance
• Van Ness Feldman's Kyle Danish Quoted in Yale Environment 360