Climate & Clean Energy Law

Drawing upon a Bachelors in Science and over a decade of thought leadership related to climate and clean energy law, New Mexico clean energy lawyer David Baake provides world-class representation for national environmental groups, renewable energy trade associations, and community groups in litigation and administrative proceedings related to climate, clean air, and clean energy policy. In 2019, David briefed and argued two appeals before the D.C. Circuit, challenging the U.S. Environmental Protection Agency’s failure to designate El Paso, Texas and Ottawa County, Michigan as violating the National Ambient Air Quality Standard (NAAQS) for ozone. The court issued a unanimous decision, granting the petitions and remanding them to EPA.

In 2018, David co-authored a petition for certiorari to the United States Supreme Court in a case involving regulation of hydrofluorocarbons (HFCs), a refrigerant that contributes significantly to climate change. Earlier in his career as a clean energy lawyer, David worked extensively on litigation related to the U.S. Environmental Protection Agency’s Clean Power Plan, helping defeat a premature challenge to the proposed rulemaking. An expert on the Clean Air Act, David also has considerable experience working with the National Environmental Policy Act (NEPA), the federal Natural Gas Act, the Federal Lands Policy and Management Act (FLPMA), the New Mexico Oil and Gas Act, and other state and federal laws related to climate and clean energy. Among other projects, David is currently working with other clean energy attorneys on a challenge to the Bureau of Land Management’s oil and gas lease sale in New Mexico’s San Juan Basin.

In addition to litigation, David works on a variety of administrative matters related to climate, clean air, and renewable energy law. In recent years, he has represented clients before the Federal Energy Regulatory Commission and the New Mexico Public Regulation Commission, advised low-carbon biofuel producers on U.S. Environmental Protection Agency’s Renewable Fuels Standards program, and served as a member of New Mexico’s Methane Advisory Panel, an advisory group convened by state regulators in Santa Fe to study options for reducing pollution from the oil and gas industry. Each of these projects involved mastery of complex scientific and technical information. Whether the case calls for explaining the chemistry of secondary particulate matter formation, or how glycol dehydrators can be modified to reduce methane emissions, or why underground injection of produced water can cause seismic activity long after injection stops, David takes particular pride in his ability to work with specialists in translating their ideas into terms that generalist policymakers can understand.

David also helps draft legislation and regulations, as well as other higher-level policy projects, analyzing emerging trends in the clean energy space such as the potential to blend green hydrogen into the natural gas grid to reduce emissions, the potential for the 45Q carbon capture tax credit to drive the decarbonization of heavy industry, and the effect of widespread electric vehicle adoption on electric reliability. Based in New Mexico, David’s climate and clean energy law practice spans the entire country to the extent it involves representation before federal courts and agencies. If you require the services of a New Mexico clean energy lawyer, contact us today.