Services

Resilient LLP is regarded globally for its innovative climate change and clean energy business strategy advice to executive management and boards of directors.We have a proven track of providing clients with specialized effective advice on climate risk and targets, emissions trading, compliance and voluntary carbon markets, and nature-based climate solutions. Our team is regularly called upon to provide legal and strategic advice on:

Climate Change Policy, Transition Frameworks, and Transition Advisory Services

• board of director training by Canada Climate Law Initiative certified experts;
• executive-to-executive strategy sessions (with former General Counsel of global corporation);
• emissions inventories and accounting (Scope 1, 2, 3);
• coalition building;
• net-zero, carbon neutral, and carbon negative pathways;
• corporate-wide emissions reductions and supply chain tactics;

Climate-related Financial Disclosures

• regulated climate-related financial disclosures and related securities law advice, including TCFD- and ISSB/SASB-, and CSA NI 51-107 and US SEC (pending)-compliant climate-related financial disclosures; and
• Glasgow Financial Alliance for Net Zero (GFANZ) compliance assistance for Financial Institutions (NZBA, NZAMi, NZAOA, PAII, FSTF SMI, SBTi and others).

Environmental, Social, Governance, and Indigenous

• establishing environmental, social, governance, and Indigenous (ESG-I) frameworks;
• assessment of climate risks and opportunities (physical, economic, social, reputational);
• climate metrics and targets (including for executive compensation); and

Sustainable Finance

We advise on all aspects of sustainable finance, including:

• clean infrastructure finance (including through the Canada Infrastructure Bank and Infrastructure Canada);
• carbon finance and climate and green bonds, loans, and funds;
• emissions reduction purchase agreements (ERPAs), renewable energy certificate (REC) agreements, and corporate power purchase agreements (PPAs);
• sustainable aviation fuel transactions (including SAFc, SERc, and Book and Claim Units);
• international climate finance and related export development policy;
• clean energy and renewable energy finance (including energy storage, renewable energy, and district energy finance);
• carbon bonds and carbon funds, and sustainability-linked loans;
• sustainable debt and equity investments;
• sustainable finance products; and
• emerging markets and technologies.

Innovation and Emerging Technologies

Resilient LLP is at the forefront of emerging climate and energy technologies and solutions and regularly advises businesses and governments on a wide variety of matters, including:

• distributed energy resources (DERs), non-wires alternatives, energy storage, electric vehicles, hydrogen, and renewable natural gas; negative emissions technologies (NETs), such as direct air capture with carbon storage (DACCS), bio-energy with carbon capture and storage (BECCS), and carbon dioxide mineralization, and carbon neutral or carbon negative fuels;
• nature-based climate solutions (NCS) in forest, agricultural, grassland, wetland, and marine ecosystems;
• regenerative and sustainable agriculture, including:
  • precision agriculture, agricultural services;
  • soil carbon storage;
  • next generation fertilizers and enhanced nitrogen fixation; and
  • enteric methane and feed alternatives;
• climate adaptation and adaptation finance (including PACE, energy efficiency, flood protection);
• circular energy economy; and
• embodied carbon.

Policy and Project Advocacy

Our policy and project advice to clients focuses on the current and future risks and opportunities of the rapid transitions arising from climate change, including:

• carbon disclosure standards;
• carbon pricing mechanisms (international, national, sub-national, and regional);
• major energy and extractive projects;
• Indigenous rights and partnerships, reconciliation and resurgence;
• the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) and the principle of free, prior and informed consent (FPIC);
• alternative energy supply (energy storage, hydrogen, renewables, RNG, biofuels, and strategic electricity transmission);
• petrochemicals, plastics and supply chain alternatives; and
• lower carbon and clean fuel standards (including the EU FQD, the California LCFS, the BC LCFS, and the Canada CFR).

We extend this work to help governments, Indigenous communities, project proponents, and leading businesses with stakeholder and Indigenous consultation and engagement on major energy and infrastructure projects.

International Climate Policy

International climate policy, negotiations, and related transactions form a key pillar of our client service offering. Our professionals annually attend and advise on the United Nations Framework Convention on Climate Change (UNFCCC) negotiations, so we were in the trenches at COP 21 when the Paris Agreement was reached and at COP 26 in Glasgow when Article 6 carbon markets rules were agreed.

Our specialized advice on international climate policy covers a wide variety of areas, including:

• advising on and participating in negotiation of market mechanisms and internationally transferred mitigation outcomes (ITMOs) under Article 6 of the Paris Agreement;
• negotiation of multilateral and bilateral international carbon market transactions and other arrangements;
• international climate finance and related export development policy;
• the Local Communities and Indigenous People Platform (LCIPP);
• negative emissions technologies (NETs) and other climate tech;
• nature-based climate solutions (NCS) in forest, agricultural, grassland, wetland, and marine ecosystems;
• REDD+, including Jurisdictional and Nested REDD+ (JNR);
• sustainable aviation fuel transactions (including SAFc, SERc, and Book and Claim Units);
• emissions reductions in aviation, including compliance with ICAO’s Carbon Offsetting and Reduction Scheme for International Aviation (CORSIA);
• emissions reductions in maritime shipping, including compliance with International Maritime Organization (IMO) emissions rules;
• international trade law related to border carbon adjustments (BCAs), carbon emission and sustainability labelling and product certification, and international stewardship councils.

Climate and Clean Energy Transition

Resilient LLP has a proven reputation advising government and private sector clients on international and domestic policy, legislative, and regulatory drafting and compliance. We routinely act for national, provincial, state, and local governments and ministries on climate and industrial emissions strategy, policy, legislative, and regulatory drafting. We have advised on the design and implementation of carbon pricing, cap and trade, and emissions trading systems in several jurisdictions. We are also frequently called upon to provide special advisory services to Cabinet and senior government officials on treaty and sector matters, including:

• UNFCCC and COP negotiations;
• Host Country Paris Agreement implementation, including Article 6, legislative drafting, design of letters of authorization;
• registry design and linkages with World Bank Climate Warehouse;
• participation in Partnership for Market Implementation (PMI);
• energy (electricity, oil and gas, alternative fuels) and climate market integration;
• low-carbon fuel standards and related markets; and
• aviation and maritime low-carbon and sustainable fuels and markets (including SAFc, SERc, and Book and Claim Units)

Regulatory Submissions and Advocacy

Resilient LLP has a proven reputation in energy regulatory matters and regularly advises on complex energy issues. Our professionals have specialized expertise in energy regulatory matters involving distributed energy resources (DERs), non-wires alternatives, energy storage, electric vehicles, hydrogen, district energy, and renewable natural gas.

We are also recognized as a leading law firm providing representation to Indigenous communities and businesses in energy regulatory proceedings and have a successful track record of delivering benefits and addressing reliability issues for First Nations facing below-standard electricity and natural gas service.

We represent clients in proceedings before all provincial and federal energy tribunals and regulators, including the Ontario Energy Board, British Columbia Utilities Commission, Alberta Energy Regulator, Alberta Utilities Commission, and Canada Energy Regulator (previously the National Energy Board). We also have deep experience working with independent system operators, including the Independent Electricity System Operator (Ontario) and the Alberta Electric System Operator.

Project-specific Advice and Advocacy

Our legal advice on a wide spectrum of climate and energy projects and transactions in a variety of jurisdictions has delivered proven results and our lawyers have acted for leading energy companies, governments, and Indigenous business organizations on renewable power, alternative fuel, distributed energy, zero-emission, energy storage, district energy, and other projects.

Our experience extends further to the structuring, drafting, and negotiating of carbon dioxide removal agreements (CRPAs), emissions reduction purchase agreements (ERPAs), energy supply contracts, corporate power purchase agreements (PPAs), electricity trading and marketing agreements, renewable energy certificate (REC) agreements, and offset and green energy agreements, among others.

Indigenous Rights and Equity Participation Advocacy

Resilient LLP has the depth of experience required to guide First Nations and Métis communities and Indigenous businesses to successful relationships with project proponents, governments, and regulatory tribunals. Our professionals regularly advise on Indigenous rights in the context of:

• energy regulatory proceedings (electricity, natural gas, nuclear);
• the duty to consult and Indigenous engagement, consultation, and accommodation;
• the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) and Free, Prior and Informed Consent (FPIC);
• Indigenous economic development and community wealth building;
• Indigenous carbon finance, carbon offsets, and Indigenous-led conservation and carbon storage (including Atmospheric Benefit Sharing Agreements (ABSAs) and Indigenous Protected and Conserved Areas (IPCAs); and
• nature-based climate solutions (NCS) in forest, agricultural, grassland, wetland, and marine ecosystems, and related Indigenous resource governance.

Since the earliest days of carbon markets, an essential tool for achieving net-zero or negative emissions, we have provided legal advice on a wide variety of voluntary and compliance-based carbon market transactions. Our extensive practice experience includes the following:

Direct Corporate Interaction with Carbon Markets and Offsets

Resilient LLP is routinely called upon to provide multi-jurisdictional advice on all aspects of complex carbon markets and emissions trading matters, including:

• emissions trading agreements, including emissions reduction purchase agreements (ERPAs), emissions removal purchase agreements, emission offset development agreements, renewable energy certificate (REC) agreements, and others;
• distributed ledger technologies in the service of transparent carbon markets (registry formation, linkages);
• compliance with emerging offset quality and claims standards such as those promulgated by the ICVCM and the VCMI;
• carbon pricing, cap and trade and emissions trading system design;
• carbon bonds, carbon funds and sustainability linked loans;
• climate change project development, including carbon dioxide removal (CDR) projects;
• net-zero, carbon neutral, or carbon negative pathways for businesses and governments;
• sustainable aviation fuel transactions (including SAFc, SERc, and Book and Claim Units);
• negative emissions technologies (NETs) and related transactions; and
• nature-based climate solutions (NCS) and related transactions.

Low-carbon and Clean Fuel Standards

Resilient LLP regularly advises clients on all aspects of low-carbon and clean fuel standards including specific assistance with the Fuel Quality Directive (EU), Clean Fuel Standard (Canada), British Columbia Low Carbon Fuel Standard, California Low Carbon Fuel Standard, Oregon Clean Fuel Standard, and the Washington Clean Fuel Standard.

Climate Markets and Indigenous Participation

Resilient LLP advises First Nations, Métis and Indigenous communities and businesses to assist them to navigate and participate in carbon markets as project proponents, partners, and developers supporting broader reconciliation and Indigenous resurgence. We regularly provide legal advice on Indigenous rights in the context of:

• carbon pricing, cap and trade and emissions trading system design;
• Sustainable Development Goals;
• Climate, Community & Biodiversity Standards;
• UNDRIP and FPIC;
• carbon bonds, carbon funds and sustainability linked loans;
• ownership of and title to natural assets and environmental commodities;
• climate change project development, including carbon storage projects;
• net-zero, carbon neutral, or carbon negative pathways for businesses and governments;
• negative emissions technologies (NETs) and related transactions; and
• nature-based climate solutions (NCS) and related transactions.

Environmental, Social, Governance, and Indigenous (ESG-I)

Resilient LLP advises clients in all sectors on ESG-I and climate risks, opportunities, and compliance measures. We help public and private companies design and implement ESG-I strategies that effectively manage their risks and enhance their competitiveness. We regularly provide legal and governance advice to executive management, boards of directors, senior leadership and sustainability officers in the areas of risk management and strategy, standards compliance, reporting and disclosure, sustainable finance, and socially responsible investment.

Our service areas include:

• compliance with ESG obligations, including the Equator Principles;
• TCFD-, TNFD-, ISSB-, and SASB-compliant climate-related financial disclosures and related securities law advice;
• climate risk and opportunity reporting and disclosure;
• climate metrics and targets (including for executive compensation);
• circular economy opportunities; and
• Indigenous rights.

Climate Litigation and Arbitration

The global transition to a net zero economy increasingly creates new forms of litigation risk exposure. Understanding and addressing these emerging areas of risk is an essential pillar for any organization that wishes to maintain a leadership position, both from a financial and from a reputational perspective.

Our expertise in the broader law and policy of climate change combined with our experience at the forefront of much of Canada’s most consequential recent litigation on the subject is the foundation for our work on the following types of mandates:

• climate litigation risk exposure analysis and mitigation strategy support;
• expert climate arbitrator / dispute resolution services;
• support for climate-related trade litigation and arbitration;
• climate expert services;
• constitutional and rights-related litigation; and
• Supreme Court appeals and interventions.