Jean-Philippe Brisson is nationally and globally ranked and advises oil and gas, power, industrial, and financial institution clients on a wide range of energy and environmental matters, including carbon neutrality.
Mr. Brisson is a partner in Latham & Watkins’ Environmental, Land & Resources Department, in which he serves as Global Co-Chair of the Environmental Regulation & Transactions Practice. As one of the most experienced lawyers in the US for climate change and carbon neutrality, he is recognized by Chambers Global, Chambers USA, The Legal 500 US, and Who’s Who Legal, and is the recipient of a 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 previously served as vice president of 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 Southern California Gas Company in connection with the methane leak at the Aliso Canyon underground storage field, and FivePoint Holdings on the design of NetZero Newhall, the largest carbon neutral city in the world.
Mr. Brisson is a trustee of Boys Hope Girls Hope New York.
Mr. Brisson’s recent experience includes advising:
Carbon Capture and Storage
- Occidental Petroleum and its Low Carbon Ventures business on a carbon capture and storage project with White Energy intended to qualify under the 45Q credit program and California’s Low Carbon Fuel Standard
- A large industrial company on development of a large carbon capture and storage project in California
Carbon Neutrality and Environmental Credit Transactions
- FivePoint/Newhall Ranch on the mitigation of 15 million 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 Country, and others
- LEAP on the development of its standard agreement for the purchase and sale of Renewable Identification Numbers issued under the federal Renewable Fuel Standard
- 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
- A global oil and gas company on the purchase of California Low Carbon Fuel Standard credits
- A leading US investment bank on its standard trading documentation for California allowances
- A large industrial company on the negotiation of its carbon hedging agreements with a market maker
- A real estate developer on the negotiation and structuring of an option to purchase nine million offsets to mitigate the emissions of a large development project
Environmental Issues in Transactions
- The Carlyle Power Fund and Cogentrix on several transactions, including the US$490 million purchase of the 583 MW Rhode Island State Energy Center
- A private equity power fund and a leading power generation company on several transactions, including the sale of a coal-fired power plant to a major electric utility in the US
- 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, the acquisition of Associated Asphalt, and on 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
- 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
- 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
- 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
Recent Speaking Engagements
- 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
- Panelist, “Seeing the Forests for the Trees: The Vital Role of Forest Carbon Sequestration in a Post-Paris World,” Carbon Forum North America, New York, September 20, 2017
- Panelist, “California Market & Growing the Club: Staying on Course Post-2020 & What to Watch,” Carbon Forum North America, New York, September 20, 2017
- Panelist, “Financing the New Carbon Paradigm,” New York, September 19, 2017
- “Navigating the American Carbon World, California Cap-and-Trade Program,” Pre-Conference Legal Workshop, San Francisco, April 19, 2017