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The first reporting cycle under California’s “Climate Corporate Data Accountability Act” (SB 253) is fast approaching. SB 253 generally...
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Akin Matching Demo
KM
Kenneth Markowitz
Partner, Akin Matching Demo
Washington, D.C.
About me
Co-leads the firm’s climate change group.
Advises clients on greenhouse gas (GHG) mitigation, carbon pricing, environmental markets, regulatory compliance and international negotiations.
Counsels clients across the globe on designing environmental, social and governance systems and setting sustainability targets.
Ken has more than three decades’ experience in advising companies, governments and environmental groups on environmental law, climate change and sustainability issues, including on:
Carbon markets and offsets
Carbon pricing
Renewable fuels
Transportation and GHG emissions
Air and water pollution
Energy efficiency
Climate disclosures
Environmental claims
Environmental, social and governance (ESG).
Ken has demonstrated success working through complex regulatory programs implemented by the Environmental Protection Agency (EPA), Department of Energy (DOE) and U.S. Department of Agriculture (USDA). He also has a deep understanding of the EPA’s Renewable Fuel Standards program, GHG emissions and the Corporate Average Fuel Economy regulations.
Ken has worked extensively with DOE and USDA on clean energy and bio-economy programs. Ken works on energy efficiency issues in:
Buildings
Consumer and commercial products and appliances
Transportation systems
Other processes and controls, including with voluntary programs such as Energy Star.
Ken has participated in numerous United Nations Framework Convention on Climate Change negotiations on issues including mitigation, financing, market mechanisms, transparency, compliance and technology transfer. He has assisted clients in navigating:
The United Nations Environment Programme
The European Commission
The World Bank
The International Finance Corporation
The Organization for Economic Cooperation and Development systems.
Ken also counsels clients on the Sustainable Development Goals and the Equator Principles.
Ken formerly served as the managing director of the International Network for Environmental Compliance and Enforcement (INECE), a global transgovernmental network of regulators, business and international organizations. In that role, he assisted governments around the world in strengthening the rule of law and building stronger environmental governance systems through performance measurement, adaptive management and public-private partnerships. He has led global capacity-building projects for prosecutors and judges, compliance and enforcement indicators, hazardous waste and port security, fresh water governance and on strengthening compliance and investor confidence in GHG and other environmental markets around the world.
Ken served as a senior attorney at the EPA, where he received national recognition for his work on emergency response and oil spill prosecution. He also worked in private practice as an environmental lawyer, counseling corporate and municipal clients throughout the United States on air, water, petroleum, waste and toxics.
Representative Work
Representing a major auto industry company in negotiation of agreement with the California Air Resources Board (CARB) to sustain year-over-year GHG emission reductions despite less stringent federal standards.
Providing counsel to clients from multiple sectors on greenhouse gas mitigation strategies, including on carbon pricing strategies, target setting and participation in initiatives such as the Carbon Pricing Leadership Coalition.
Providing extensive analysis and stakeholder mapping on the California Cap-and-Trade Program, the European Union (EU) Emissions Trading System, the Regional Greenhouse Gas Initiative and other climate compliance markets.
Advising clients on carbon “neutral transactions” and other climate-related claims, including the Federal Trade Commission’s Green Guides.
Advising clients on the Renewable Fuels Standards, including processes to register cellulosic and advanced renewable fuel pathways, and California’s Low Carbon Fuel Standard.
Preparing regulatory comments and advocating before the EPA and CARB.
Negotiating a comprehensive settlement with CARB, including an innovative mitigation plan to settle enforcement of alleged violations of the Low-Carbon Fuel Standard.
Negotiating the DOE dismissal of all claims against an appliance manufacturer in multiple enforcement actions alleging violations of energy-efficiency regulations for consumer and commercial products.
Advising clients from a variety of sectors on voluntary carbon offset strategies.
Advising on a major enhanced forest management carbon offset project.
Providing counsel to clients on the development, contracting and registration of forest carbon and other carbon offset projects.
Advising financial institutions on a broad range of issues regarding participation in voluntary and compliance carbon markets in California, Asia, Canada and Europe.
Assisting a client in obtaining BioPreferred status from the USDA for wood building materials.
Providing regular counseling on EPA GHG tailpipe regulations and National Highway Traffic Safety Administration fuel economy regulations for heavy-duty and light-duty vehicles (trucks, buses and cars).
Assisting a biotechnology company with a successful application for a DOE Advanced Research Projects Agency-Energy (ARPA-E) grant for carbon capture and sequestration.
Negotiating a favorable resolution for an industry association on treatment of security and surveillance systems in DOE’s consumer electronics energy efficiency programs.