Kyle W. Danish

Kyle Danish advises a range of clients on environmental and energy matters, with a special focus on regulation 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.

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.  For more information, please see http://www.uscerp.org/.

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.  For a complete list of Mr. Danish’s presentations and publications, please click here.

Representative Matters 

• For an electric power company, analyzing and drafting comments on the proposed Clean Air Transport Rule;
• 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 an electric power company, facilitating contacts with leadership at the Environmental Protection Agency regarding Clean Air Act regulations;
• For the Coalition for Emission Reduction Policy, drafting comments on California’s A.B. 32 greenhouse gas regulations, and meeting with California Air Resources Board staff on the same;
• Analyzing opportunities for funding support to a biofuels company under evolving US Department of Agriculture programs;
• For a European electric power company, developing an emission reduction purchase agreement for use in North American carbon markets;
• Serving as lead counsel to PowerTree Carbon Company, a carbon fund that invests in forest sequestration projects in the United States for two dozen electric power companies;
• Assisting a U.S. electric power company in development of a shareholder report on the company’s risks and opportunities from climate change laws and policies;
• Successfully represented two electric power companies in litigation in 2008 regarding EPA's Clean Air Interstate Rule.

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

• Best Lawyers in America; Environmental Law; since 2011; Litigation-Environmental; since 2012
• 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
• Who's Who Legal; Environment; since 2010

Publications

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

“International Offsets and U.S. Climate Legislation,” 40 Environmental Law Reporter 10610 (June 2010) (with M. Ceronsky)

“Second-best World,” Trading Carbon (May 2010) (with T. Carbonell)

“Offsets in the Emerging US Cap-and-Trade Programmes,” in Legal Aspects of Carbon Trading: Kyoto, Copenhagen, and Beyond, Oxford University Press (D. Freestone and C. Streck eds 2009).

“Designing a Mandatory Domestic Greenhouse Gas Reduction Program for the U.S.,” Pew Center on Global Climate Change (2003) (with R. Nordhaus)

Articles

• EPA Finalizes Air Pollution Transport Rule
• The Clean Air Act and Global Climate Change
• Standard Arguments
• EPA Lays Further Groundwork for Permitting of Greenhouse Gas Sources Under The Prevention of Significant Deterioration Program
• Carbon and Climate Law Review
• International Offsets and U.S. Climate Legislation

Speaking Engagements

• EUCI: The Futre of Fossil-Fired Plants: Risks and Opportunities in Light of Regulatory and Economic Uncertainty, December 5, 2011
• EPA Regulation of Electric Generation: Train Wreck or Clearing the Tracks for The New Energy Economy?, May 17, 2011
• Webinar: WPUI - EPA and the Energy Industry, March 29, 2011
• 2010 ELI Fall Practice Update, October 20, 2010
• Webinar: "Greenhouse Gas Regulation: EPA Takes Center Stage", September 30, 2010
• Environmental Markets Association Webinar: The American Power Act Briefing, May 18, 2010

News

• Van Ness Feldman's Kyle Danish Quoted in E&E Daily on EPA Fuel Standards
• Van Ness Feldman's Kyle Danish Quoted in Argus Air Daily on Cross-State Stay
• Three Van Ness Feldman Lawyers Recognized as Best Lawyers for Environment by Washingtonian Magazine
• Van Ness Feldman Named Best Emissions Trading Law Firm for North American Carbon Markets Second Year in a Row
• Van Ness Feldman's Kyle Danish Quoted in Greenwire Article on Greenhouse Gas Standards
• Van Ness Feldman's Kyle Danish Quoted in Environmental Finance on US Climate Rule Delay