Jean-Philippe Brisson

  • Partner
  • Ejp.brisson@lw.com
  • 1271 Avenue of the Americas
  • New York, NY 10020
  • USA
  • T +1.212.906.1316
  •  
 

Profile

Jean-Philippe Brisson is a lawyer ranked nationally and globally who advises oil and gas, power, industrial, and financial institution clients on a wide range of energy and environmental matters, including carbon capture and sequestration and carbon neutrality.

Mr. Brisson is a partner in Latham & Watkins’ Environmental, Land & Resources Department where he serves as Global Co-Chair of the Environmental Regulation & Transactions Practice. He is one of the most experienced attorneys in the US in the climate change and carbon neutrality areas. Mr. Brisson is recognized by Chambers Global, Chambers USA, The Legal 500 US, and Who’s Who Legal. He is recognized as a 2021 Environment & Energy Trailblazer by the National Law Journal and a recipient of the 2012 Burton Award for Legal Achievement. He is a registered lobbyist in California where he represents clients before the State Legislature and State Agencies.

Mr. Brisson was previously Vice President in Goldman Sachs’ Global Commodities business where he helped establish Goldman’s US carbon trading desk and worked on a number of private equity transactions. Over his career, he has diligenced, negotiated, structured, and drafted more than 200 environmental commodities transactions and has advised clients on environmental issues in more than 150 M&A, private equity, and banking transactions.

Mr. Brisson currently represents the FivePoint Holdings on the design of NetZero Newhall, the largest carbon neutral city in the world, Microsoft on the deployment of its US$1 billion Climate Innovation Fund, and Occidental Petroleum on a carbon capture and sequestration (CCS) project in Texas.

Mr. Brisson is a trustee of Boys Hope Girls Hope New York.

Experience

Mr. Brisson’s experience includes advising:

Carbon Capture and Storage

  • Occidental Petroleum and its Low Carbon Ventures business on a CCS project with White Energy intended to qualify under the 45Q credit program and California’s Low Carbon Fuel Standard and other matters in connection with CCS
  • A large multinational company on the development, permitting, and structuring of a CCS project in California
  • A large multinational company on a Direct Air Capture project located outside of the United States
  • Western States Petroleum Association on regulatory requirements applicable to CCS projects, including the Low Carbon Fuel Standard
Carbon Neutrality and Environmental Credit Transactions

  • FivePoint/Newhall Ranch on the mitigation of 15,000,000 MT of CO2e associated with Newhall Ranch, the first carbon neutral city in North America, through a wide mix of onsite and offsite measures, including multiple environmental credit transactions involving cook stoves in Africa, forest protection in California, dairy farms in California, cool roofs in Los Angeles, energy efficiency in Los Angeles, electric vehicles charging station in Los Angeles County, and others
  • Chevron and Phillips 66 on the establishment of their carbon acquisition business and more than 30 carbon offset transactions across multiple asset classes (including forestry and industrial gases) and transaction structures
  • Microsoft on the deployment of its US$1 billion Climate Innovation Fund
  • American Airlines on greenhouse gas emissions mitigation and disclosure issues
  • Bank of America, Goldman Sachs, and Morgan Stanley on environmental commodity transactions, including carbon allowances and carbon offset credits
  • More than five hedge funds and asset managers on their participation in various environmental commodity markets, including the EU ETS, RGGI, RFS, LCFS, and the CA C&T programs
  • Emergent Forest Finance Accelerator on its legal agreements with donors, credit purchasers, and host countries for international REDD forestry projects
  • A real estate developer on the negotiation and structuring of an option to purchase 9 million offsets to mitigate the emissions of a large development project
  • Restore the Earth Foundation on the restoration of 1 million acres of degraded land in the Mississippi Delta
  • Indigo on the development of its Indigo Carbon business including on the development of soil carbon methodologies at CAR and VERRA
  • LEAP on the development of its standard agreement for the purchase and sale of Renewable Identification Numbers issued under the federal Renewable Fuel Standard
Environmental Issues in Transactions

  • Property Solutions Acquisition Corp., a special purpose acquisition company (SPAC), in its merger with Faraday Future, a California-based global shared intelligent mobility ecosystem company that makes electronic vehicles, to create a combined company with a value in excess of US$3.3 billion
  • RMG Acquisition Corp. (NYSE: RMG) on its US$1.33 billion business combination with Los Angeles-based Romeo Power Technology, an industry leading energy technology company focused on designing and manufacturing lithium-ion battery modules and packs for commercial electric vehicles.
  • Ares Management Corporation on Aviator Wind East, an approximately 200 MW portion of the 525 MW Aviator Wind project located in Coke County, Texas that has a renewable power purchase agreement with Facebook
  • ArcLight Capital Partners in a number of transactions, including the US$2.1 billion acquisition with the Blackstone Energy Group of four power plants from American Electric Power, and the acquisition of Associated Asphalt
  • ArcLight Capital Partners in the acquisition and subsequent disposition of Leeward Renewable Energy – a portfolio of more than 19 wind projects in the US to OMERS Infrastructure Management, Inc.
  • The Chemlogics Group in its US$1.4 billion sale to Solvay USA Inc. Leonard Green & Partners on numerous transactions, including the US$2.8 billion leveraged buyout of LifeTime Fitness and the acquisition of Pro Mach
Litigation and Enforcement

  • SoCalGas in connection with the methane leak from the Aliso Canyon underground storage field in Porter Ranch, Los Angeles
  • An industry coalition on its intervention in the California offset litigation Citizens Climate Lobby and Our Children’s Earth Foundation vs. California Air Resources Board (San Francisco Superior Court Case No. CGC-12-519554)
  • A global oil and gas company on compliance issues arising in connection with the purchase of invalid Renewable Identification Numbers
  • A power company on the self-disclosure of violations of regulations promulgated under AB 32
  • A utility on information requests sent by the market monitor of the California cap-and-trade program
  • A large number of companies on various enforcement actions by the California Air Resources Board, including with respect to auction participation, carbon emissions reporting, SF6 emissions, carbon offset invalidation, and others
Advocacy

  • The Western States Petroleum Association and other companies on the negotiation of AB 398 and AB 617, that extended the California cap-and-trade program through 2030
  • Multiple companies on issues pending before or being considered by the California Legislature, the Office of the Governor, the Office of Planning and Research, the Air Resources Board, and the Department of Conservation
Commodity-Related Transactions
  • A leading US investment bank on its uranium trading documentation
  • A leading US investment bank on the negotiation of natural gas tolls
  • A number of power generating facilities on the negotiation of power purchase agreements
  • A large company on the negotiation of an hydrogen offtake agreement
  • A global commodities firm on a the acquisition of a global mining business
  • A large oil and gas company on the sale of its solar energy business
Carbon Funds

  • Inlandsis on strategic investment issues
  • Restore the Earth Foundation on the creation of an Impact Fund
  • Finite Carbon on the creation of the Cascade Fund
  • Caisse des Dépôts et Consignations on the creation of an international forestry fund
  • The World Bank on the creation of more than eight carbon funds, including the Prototype Carbon Fund and the Bio Carbon Fund
Speaking Engagements

  • Speaker, “How are forward-looking nations leading the development of hydrogen economies?,” Hydrogen Transition Summit at COP26, Glasgow, Scotland, November 11, 2021
  • Speaker, “Carbon Removals and Compliance Markets: Enabling the ‘Net’ in Net-Zero,” COP26 IETA Business Hub, Glasgow, Scotland, November 3, 2021
  • Moderator, “Argus North American Biofuels, LCFS & Carbon Markets Summit,” Napa Valley, October 20, 2021
  • Moderator, “Capitalizing on Carbon Capture,” 2021 EIC Investor Conference, Las Vegas, May 18, 2021
  • Moderator, “CCUS Investment Opportunities: Market Growth, Environmental and Tax Credits, and Permitting Considerations,” Latham E&I Webcast, May 5, 2021
  • Moderator, “Plenary: Carbon Capture, Utilization, and Storage: A Key Part of the Solution,” North American Carbon World 2021 Virtual Conference, April 28, 2021
  • Panelist, “Grounded in Reality: Climate Markets to Scale Carbon Capture, Utilization and Storage (CCUS),” IETA LIVE Series, February 18, 2021
  • Speaker, “Energy Markets Forum: WCI Supply & Demand – Current Mechanisms, Proposed Rulemaking and Offset Outlook,” Independent Commodity Intelligence Services Webinar, June 26, 2020
  • Moderator, “Carbon Capture and Storage: Promising Developments on the Horizon?,” North American Carbon World Virtual Series Webinar, June 4, 2020
  • Moderator, “California’s Cap-and-Trade and Other Western States’ Programs,” Argus Biofuels & Carbon Markets Summit, Napa Valley, October 22, 2019
  • Opening Remarks, “Climate Week NYC: CALSTART Global Commercial Vehicle Drive to Zero Program,” New York, September 24, 2019
  • Panelist, “Recent Developments in the North American Carbon Market,” Carbon Forum North America, New York, September 24, 2019
  • Speaker, “State and Future of the North American Carbon Market,” North American Carbon World, Los Angeles, April 25, 2019
  • Panelist, “PT Carbon Pricing Delivering Ambition,” Carbon Forum North America, San Francisco, September 11, 2018
  • Speaker and Panelist, “What does WCI Linkage Mean for Ontario Industries and Post-2020 Rules?,” 2nd Annual Ontario Cap and Trade Forum, Toronto, April 18, 2018
  • Panelist, “State of the North American Carbon Market,” North American Carbon World, San Francisco, April 4, 2018
  • Speaker, “Current Legal Issues Shaping and Reshaping Carbon and Climate Policy,” North American Carbon World, Legal Workshop, San Francisco, April 4, 2018

Thought Leadership

  • Regional US Transportation & Climate Initiative Program Comes to an End -  December 06, 2021
  • COP26: Key Takeaways From the Glasgow Summit -  November 24, 2021
  • FSOC Issues Recommendations on Climate-Related Financial Risk -  October 29, 2021
  • President Biden Presents a Roadmap for Mitigating the Climate Crisis -  October 20, 2021
  • US Department of Labor Puts ESG Investing Back on the Menu -  October 18, 2021
  • Climate Disclosures and the SEC -  October 08, 2021
  • Path Forward: Why Carbon Capture Is Critical for US Oil -  June 23, 2021
  • CFTC Takes Action With New Climate Risk Unit -  March 23, 2021
  • TCI Program Established to Reduce Carbon Emissions From Transportation -  March 11, 2021
  • EPA Begins Term With Congressional Mandate to Phase Down HFCs  -  February 19, 2021
  • Treasury Finalizes Carbon Capture Tax Credit Regulations -  January 21, 2021
  • California to Require 100% Zero-Emission Passenger Vehicle Sales by 2035 -  September 24, 2020
  • CFTC Report: Climate Change Threatens Stability of US Financial System -  September 14, 2020
  • Future of Carbon Capture Looks Bright After Treasury Proposes Long-Awaited Regulations -  June 09, 2020
  • Proposed IRS Guidance on Carbon Capture Tax Credits -  May 29, 2020
  • Carbon Capture Updates From the COP 25 -  December 30, 2019
  • TCI Releases Framework for Draft Policy to Reduce GHG Emissions From Transportation -  December 04, 2019
  • NY Legislation Sets Bold Climate Change Goals -  November 15, 2019
  • Carbon Capture Industry Poised for Growth Following Anticipated 45Q Guidance -  June 10, 2019
  • Transportation & Climate Initiative Proposes to Reduce Carbon Emissions from Transportation in the Northeast -  June 04, 2019
  • GIS Owners in California Must Comply With SF6 Regulation -  January 11, 2019
  • Cutting-Edge Environmental Advice Profiled by the Financial Times -  December 18, 2018
  • US Climate Science Special Report Reveals Significant Findings  -  November 22, 2017
  • GAO Releases Climate Change Report -  November 02, 2017
  • Proposed Amendments to Cap-and-Trade Extension Bill Could Undermine Program -  April 25, 2017
  • Clean Energy Blog: California Proposes Draft Amendments to California Cap-and-Trade Program -  July 25, 2016
  • What Does COP-21 Mean for Business? -  February 01, 2016
  • EPA Finalizes Historic Greenhouse Gas Emission Reduction Program -  August 18, 2015
  • Overview: EPA Finalizes Historic Greenhouse Gas Emission Reduction Program -  August 18, 2015
  • Outstanding Design Flaws in California’s Cap-and-Trade Program -  October 16, 2014
  • Clean Energy Law Report: US Supreme Court Denied Certiorari Regarding the Constitutionality of California's Low Carbon Fuel Standard  -  June 30, 2014
  • EPA Proposes Unprecedented Greenhouse Gas Emission Reduction Program  -  June 6, 2014
  • The Supreme Court Upholds EPA’s Cross-State Air Pollution Rule  -  May 02, 2014
  • California’s LCFS Surviving Challenges As Major Changes Loom -  April 02, 2014
  • What To Expect from the Environmental Commodity Markets in 2014 -  March 13, 2014
  • EPA Proposes Reducing Renewable Fuel Mandate, Citing Market Issues and Technical Constraints -  January 02, 2014
  • Court Upholds Auction of Allowances Under California Cap-and-Trade Program -  November 19, 2013
  • Pacific Coast Climate Plan: Ambitious But Prone to Issues -  November 15, 2013
  • California Air Resources Board Subpoenas Electricity Trading Information -  August 13, 2013
  • President Obama Directs EPA to Regulate Carbon Emissions Under Clean Air Act -  July 01, 2013
  • California Chamber of Commerce v. California Air Resources Board -  November 14, 2012

Presentations

  • Green Bonds: Update and Legal Issues -  May 06, 2016

“He is the attorney you want on your team for any environmental challenge.”

“He’s incredibly knowledgeable about climate policy and markets.”

Chambers USA 2021
Bar Qualification
  • New York
  • Quebec
Education
  • LL.M., International Environmental Law, George Washington University Law School, 1998
    highest honors
  • B.C.L. in Civil Law, McGill University, 1996
  • LL.B. in Common Law, McGill University, 1996
Industries
  • Energy & Infrastructure
  • Financial Institutions
Languages
  • English
  • French
Practices
  • Energy Regulatory & Markets
  • Environment, Land & Resources
  • Mergers & Acquisitions
  • Private Equity
  • Project Siting & Approvals