Kevin Poloncarz represents clients in complex environmental compliance and enforcement matters. He is also co-chair of the firm’s climate change practice.
An authority on matters involving air quality and climate change, Kevin regularly represents clients in obtaining state and federal air quality permits for high-profile energy-sector projects, often involving vocal opposition and first-of-its-kind legal issues.
Kevin also represents clients in enforcement actions involving both stationary and mobile sources of air pollution. He is actively involved in federal, state and local proceedings concerning the development of legislation and regulations limiting greenhouse gas (GHG) emissions and application of existing laws to climate change.
- Represented developer of 600-MW power plant in obtaining the first federal Prevention of Significant Deterioration (PSD) permit to limit emissions of GHGs
- Represented power producers in enforcement actions concerning alleged violations of PSD/New Source Review (NSR) requirements at electric generating and cogeneration facilities
- Represented petroleum refiner in resolution of hundreds of Notices of Violation concerning air quality requirements
- Advised power producers in several states in negotiating terms of power purchase and steam sales agreements concerning compliance with forthcoming cap and trade or carbon tax requirements
- Represented developer of geothermal power plant concerning environmental permitting and assessment of GHG impacts under California Environmental Quality Act (CEQA)
- Represented energy producers association concerning development of Bay Area Air Quality Management District guidelines for evaluation of GHG impacts from new electric generating projects under CEQA
- Advised an oil and gas exploration and production company concerning U.S. EPA’s proposed rules for geologic sequestration of carbon and the Federal Trade Commission’s consideration of voluntary carbon markets
- Represented major retailer in developing a strategy for obtaining recognition of reductions attributable to clean vehicles under the San Joaquin Valley Air Pollution Control District (SJVAPCD) Indirect Source Review Rule
- Represented brandy makers in negotiating an agreement with wine makers regarding the generation of certified emission reductions relied upon to satisfy SJVAPCD fermentation emissions rule
- “Navigating the Shifting Legal Landscape in Coordination With Government Agencies,” Inside the Minds: Working With Government Agencies in Climate Change Law (Thomson Reuters/Aspatore Books, May 2009)
- “What Gets Measured Gets Managed: Developing a Practical ‘Pre-Compliance’ Climate Change Strategy,” Climate Change: Litigation, Regulation and Risk, (Andrews Publications, October 2008); reprinted at Andrews Environmental Litigation Reporter, Vol. 29, No. 8 (Thompson Reuters, November 2008), and The Environmental Counselor, Issue No. 245 (Thompson Reuters, January 2009), and The Lawyer’s Brief, Vol. 39, No. 4, 7 (Thompson Reuters, February 2009)
- “New York State Attorney General Reaches Groundbreaking Settlement of Disclosure Claims Against Major Coal-Fired Power Producer,” Climate Change Law & Policy Reporter, Vol. 1 (Argent Communications, October 2008)
- “Georgia Court Overturns State Permit for Coal-Fired Power Plant for Failing to Include Analysis of Controls for Greenhouse Gas Emissions,” Climate Change Law & Policy Reporter, Vol. 1 (Argent Communications, August/September 2008)
- “California Air Resources Board Issues Draft Scoping Plan to Implement State’s Global Warming Solutions Act,” Climate Change Law & Policy Reporter, Vol. 1 (Argent Communications, August/September 2008)
- “Company Denied Carbon Credits From United Nations Body Charged with Certification Posed to File Lawsuit, Signaling Shift in Offsets Debate to the Court Room,” Climate Change Law & Policy Reporter, Vol. 1 (Argent Communications, August/September 2008)
- “U.S. EPA Environmental Appeals Board Hears Oral Arguments to Decide whether Clean Air Act Permits Must Include Limits for Greenhouse Gases,” Climate Change Law & Policy Reporter, Vol. 1 (Argent Communications, July 2008)
- “It's Not Easy Going Green,” The Recorder (Feb. 25, 2008)
- “Climate Control,” San Francisco Daily Journal (Nov. 1, 2007)
- Integrated State, Regional and Federal Climate and Energy Programs: Developments from the Western Climate Initiative and California Air Resources Board, Environmental Law Institute/ALI ABA (December 2009)
- Greenhouse Gases, EPA’s Endangerment Determination and Regulation of Stationary Sources Under the Clean Air Act, Third Annual Conference on Air Quality Regulation in California, Law Seminars International, Los Angeles, Calif. (Oct. 29-30, 2009)
- Restrictions on and Best Practices for Using Environmental Marketing Claims and Offsets, Land Use, Greenhouse Gases and Green Development Conference, Law Seminars International, Boston, Massachusetts (January 2009)
- Cap and Trade and Confidentiality of GHG Emission Reports: Trade-Offs between Transparency and Trade Secrets, State Bar of California, Environmental Law Section, Conference at Yosemite, Fish Camp, Calif. (October 2008)
- Update on California Air Resources Board Draft Scoping Plan and AB 32 Implementation, Home Builders Association of Northern California Green Building Working Group & Governmental Affairs Committee, San Ramon, Calif. (August 2008)
- How to Avoid Legal Issues in the New ‘Green’-Scape: What You Should Know Before Going Carbon Neutral, Food Marketing Institute Legal Conference, Berkeley, Calif. (May 2008)
- Implementing AB 32: California’s Path-breaking Climate Change Legislation, Moderator, Environmental Law Institute, San Francisco, Calif. (May 2008)
- The “Credit” Crisis: Growing Pains in the Emerging Carbon Markets, Second Annual Conference on Air Quality Regulation in California, Law Seminars International, Los Angeles, Calif. (April 2008)
- Climate Change: A New Practice Area for Law Firms?, 24th Annual California Water Law and Policy Conference, Argent Communications, San Francisco, Calif. (April 2008)
- Going Carbon Neutral: Legal and Technical Issues Associated With Quantifying, Mitigating and Offsetting Climate Change Impacts, Conference on Green Building, CLE International, San Francisco, Calif. (February 2008)
- The Law of Global Warming and Climate Change, State Bar of California, Section Education Institute, San Diego, Calif. (January 2008)
- Litigation Update: Current Cases and Theories Under State and Federal Statutory and Common Law: Status of Pending Litigation After Massachusetts v. EPA, Conference on California Climate Change Law, CLE International, San Francisco, Calif. (August 2007)
- Greenhouse Gas Regulation in California and the New Carbon Economy, The Environment and Real Estate Section of the Barristers Club of the Bar Association of San Francisco (BASF), San Francisco, Calif. (April 2007)
- Super Lawyers, Northern California Rising Star (2009-2010)
- Interdisciplinary programs editor, University of Chicago Law School Roundtable; Stonewall Scholar
- Hobart College, Woods Scholar, Phi Beta Kappa
- Articles editor, Energy Law Journal, Energy Bar Association
- Contributing editor, Climate Change Law & Policy Reporter, Argent Communications (2008)
- Lambda Legal, San Francisco Event Host Committee
- Environmental Law Institute (ELI), Committee on Outreach to Young Leaders for ELI’s 40th Anniversary
- Admitted to practice in California
- The University of Chicago Law School, Juris Doctor, 1998
- Hobart College, Bachelor of Arts, summa cum laude, 1995