We are litigators, regulatory counselors, scientists, engineers and transactional lawyers. But most of all, we are problem solvers. Drinker Biddle counsels a broad range of clients facing the full spectrum of issues in the ever-changing world of environmental and energy regulation. We help clients find solutions that are practical and creative, integrating legal realities and business objectives. 

The types of problems we solve are as diverse – both geographically and substantively – as our clients. Our clients include chemical and pharmaceutical companies, industrial facilities including heavy manufacturers, real estate developers, the solid waste industry, traditional energy and utility companies, independent power producers, municipalities, counties and municipal authorities, and entrepreneurial businesses.

Energy. Lawyers at Drinker Biddle have been representing members of the energy industry for several decades. Our multidisciplinary energy practice draws on experience from many areas to assist our clients in managing the legal, financial, governmental and social issues facing domestic and international energy industry companies in their complex and evolving industry. As the portfolio of energy generation changes, we assist traditional sources of energy generation and at the same time, our dynamic team helps our clients take advantage of new opportunities including in the renewable arena, including wind, solar, biomass, tidal, geothermal and biofuels.

Drinker Biddle lawyers have represented energy industry and energy-related clients in project development and finance; mergers and acquisitions; public/private partnerships; privatization of public services; commercial litigation; engineering and construction; environmental/permitting; labor and employment; real estate; and intellectual property matters.

Environmental Litigation. In the litigation arena, we defend our clients in enforcement actions brought by federal, state and local regulatory agencies under a range of statutes. We litigate all types of private disputes that touch on environmental issues, from toxic tort and exposure cases to land use cases to disputes over remediation – who should pay, how much and what is the "right fix." When negotiations fail, we appeal permits to ensure that our clients can live with the conditions and the cost of compliance. Throughout our litigation practice, we recognize the value of ADR, but are not afraid to try our case. And, we know that the best litigation is the one that we help our client avoid.

Environmental Counseling. As counselors, we look for ways to prevent problems before they occur, and we often help turn potential compliance issues into opportunities. While unraveling a compliance problem, we look for the root cause and try to resolve both the problem at hand and the underlying cause so that history does not repeat itself. When we approach a permitting issue, we don’t just look at the clients’ business today, but what it might become tomorrow, so that business objectives align, rather than conflict with, environmental requirements.

Environmental Transactions. On the business side, we don’t let potential environmental issues stand in the way when our clients want to buy or sell businesses or real estate. We facilitate transactions, rather than being obstacles, often serving as the "quarterback" in a large environmental due diligence. In our experience, if you can identify and quantify potential environmental risks, you can then allocate those risks in the transaction. Whenever possible, we turn to insurance, brownfields grants and other creative mechanisms to help get the deal done. We have assisted clients in negotiating renewable energy credit and voluntary carbon credit transactions in a number of jurisdictions.

Sustainability. We have been counseling clients since 1849, so we think we know something about sustainability. Our multi-disciplinary Sustainability Team draws on knowledge from many areas to assist our clients in finding business solutions that protect both the client’s interests and the environment. Some specific examples of our experience include counseling and advising on:

• the impacts of climate change and related legislation;
• financing renewable energy projects;
• renewable energy tax credits;
• "green" advertising;
• LEED certifications and procedures;
• sustainability reporting in SEC filings; and
• intellectual property rights in innovative solutions to energy issues.

We also take our own advice, with a firm-wide commitment to making our offices more sustainable and reducing our own environmental footprint. Drinker Biddle is a charter member of the Greater Philadelphia Green Business Program and our Philadelphia office was one of the first signatories to the "The Greater Philadelphia Green Business Commitment." In addition, many of our office buildings have been certified and won awards for their "green" efforts. Our San Francisco office has been certified as a Bay Area Green Business by the City and County of San Francisco. Our Century City office building is certified LEED Silver from the U.S. Green Council. Our Chicago office building won the 2009 Energy Star Award and has applied for LEED certification and is anticipating a Gold or Platinum certification.