How We Do It

Practice Areas Of Expertise

Environment/Climate Change/Sustainable Energy
Bryan Cave has a well-established Climate Change and Sustainability and Energy Industry sub-groups in the Environmental CSG. In addition, we have broad experience in the field of alternative energy, including but not limited to the areas of environmental and energy regulatory compliance, project finance and development, real estate and land use, corporate and tax structures and advocacy before state and federal agencies (and, where necessary, litigation). Our lawyers help clients anticipate and address the effects of government energy and environmental policies, and formulate comprehensive strategies for siting, permitting and ongoing regulatory compliance and environmental risk management for renewable energy facilities and other Clean Tech projects.

Government Affairs Relating to Energy and “Green” Technology
Our Public Policy and Government Affairs team in Washington, D.C. maintains significant relationships with: the Obama Administration; targeted members of Congress and their senior staff; political appointees; and a wide range of officials within the various federal agencies of concern to energy and “green tech” companies. Our California team maintains deep relationships with state and local officeholders and other significant government figures in California, including a wide range of key elected officials. More generally, Bryan Cave assists our energy, automotive, technology and other clients in raising their visibility on Capitol Hill, in the Obama Administration, in Sacramento and at the municipal level, and in cultivating relationships with targeted decision-makers and their key staff. Along with the Government Contracts Team, the Government Affairs Team is actively involved in assisting clients in accessing grants and other funding under the federal stimulus program, aka the American Recovery and Reinvestment Act (“ARRA”), which includes tens of billions of dollars for alternative energy projects and other “green” initiatives.

Government Contracts
The Government Contracts Team regularly represents clients in their contractual dealings with governments at all levels (including local, state, federal and foreign governments). These attorneys have experience in handling matters involving the DOD, all military services and many of the federal civilian agencies, including NASA, FAA, Interior, GSA and Transportation, as well as state and city government agencies. Among other things, the Government Contracts Team handles: bidding, proposing and other pre-award advice; teaming, subcontracting and partnering; bringing or defending bid protests; claims for equitable adjustment or other relief; terminations for convenience or default; litigation or arbitration of disputes; intellectual property matters including contractor’s rights in data and protection of trade secrets; small business and disadvantaged business set asides; government audits and investigations; and at present, the new rules and regulations applicable to government contracts funded by ARRA (stimulus) money.

As mentioned earlier, the ARRA stimulus program includes tens of billions of dollars for alternative energy projects and other “green” initiatives. (All tolled, the ARRA authorized $38 billion to the Department of Energy, and a total of $80 billion for Clean Tech projects.) Current federal funding programs for Clean Tech include:

• Energy efficiency and renewable energy research and advanced battery research ($4.5 billion)
• Advanced biofuels research and assistance to commercial-scale biorefinery demonstration projects ($786.5 million)
• Transportation electrification projects – grants for a variety of infrastructure electrification efforts ($400 million)
• “Clean Cities” grants that could be used for the acquisition of alternative fuel or fuel cell vehicles, among other things ($300 million)
• Energy-efficient federal motor vehicle fleet procurement ($450 million)

Among other things, the Government Contracts Team can assist clients with the new Federal Acquisition Regulations that went into effect specifically pertaining to contracts and subcontracts using funds under the ARRA, including: the audit and employee interview rights granted to the GAO and other agency inspector generals under ARRA; the “Buy American” rules that require that all “iron, steel, and manufactured goods” used for “the construction, alteration, maintenance or repair for a public building or public work” must be “manufactured in the United States”; and new “Whistle Blower Protection” rules.