Lawyers for a Sustainable Economy 2020 Annual Report

The Year in Review

The Lawyers for a Sustainable Economy Initiative just wrapped up its successful two-year run. The initiative—which aims to match non-profits and start-ups working in the field of environmental sustainability with law firms providing pro bono legal services—more than doubled in size over the course of the two years. The original group of nine firms pledged $15 million in free legal services in 2018; by 2020, the initiative grew to include 14 firms pledging $23 million. But the firms did not stop once they hit their financial commitments, and several firms–including Nixon Peabody, Latham & Watkins, Arnold & Porter, Wilson Sonsini, and Morrison & Foerster–exceeded their pledge by millions of dollars.

The pro bono opportunities in this area have been met with overwhelming enthusiasm by associates and partners across the firms and with gratitude by the many non-profit and for-profit clients.  Member firms are eager to extend the initiative beyond the original 2020 end date. Stanford Law School and the Stanford Precourt Institute for Energy are launching a new phase of the initiative in 2021, with hopes of growing the client and firm base even more.

Read more about the program’s success here.

Infographic showing the increase from 2018 to 2020 of law firms (9 to 15) and pledged Pro Bono Hours ($15M to $23M).

Client Testimonials

“The whole process has been way beyond expectations, beginning with the match process and continuing through all of the incredible help we've gotten. We're so grateful.”

Austin Whitman, CEO, Climate Neutral
Climate Neutral is a non-profit that helps companies measure and reduce their entire carbon footprint from manufacturing through delivery of goods and services.

“I appreciate all the support the firm has given us. Our community solar project would have not advanced if it wasn't for their help.”

Daphany Sanchez, Executive Director, Kinetic Communities Consulting
Kinetic Communities Consulting is a New York-based Benefit Corporation that advocates for and implements energy-efficiency solutions in diverse, local communities. Kinetic Communities is the first woman and Latina-owned energy equity company in New York City.

“I was absolutely stunned by the level of legal advice. They were topnotch. I am deeply grateful. We never could have afforded such quality legal advice.”

Nancy Hirshberg, Executive Director, The Crossroads Initiative
The Crossroads Initiative is a non-profit that hopes to motivate CEOs and other key business leaders to use their substantial access and influence to enact meaningful climate action. They plan to do this by targeting center and right-of center key influential CEOs and inviting them to a retreat and workshop, which will include site visits, facilitated dialogues, and motivational speakers.

“The legal help has been world class and helped salvage a vital educational resource that is important to students, teachers, and parents everywhere. The impact of their work will have a sustained effect helping many. We are very appreciative of your connecting us and of their extremely valued service and we do not take it for granted.”

Keith Miller, President, FASE
Foundation for Advancement in Science and Education (FASE) is a non-profit with programs that help public sector leaders and stakeholders create cleaner and more sustainable communities as well as programs that help address environmental health challenges and improve math education for underrepresented communities.

“Nixon Peabody’s counsel has been enormously helpful to Save the Bay, and tailored to our needs. Their attorneys’ advice is so valuable and timely – we’ve benefitted enormously from their service.”

David Lewis, Executive Director, Save the Bay
Save the Bay is a 501c3 organization working to protect and restore San Francisco Bay for people and wildlife.

Legal Services Provided

The Lawyers for a Sustainable Economy firms have provided a full range of legal services to their pro bono clients, including: support with incorporation, corporate governance (e.g., bylaws, policies), contracts, real estate, IP protection, website-related issues (e.g., privacy policies, terms of use), structuring advice for financing and investment, tax advice, and litigation. But one of the primary ways firms have helped is in getting new clean technology businesses off the ground.  This is unique because for-profit entities do not qualify for help under most traditional pro bono programs –even if the entrepreneurs have not secured funding yet. In many cases, these start-ups would not be able to move forward with their innovative projects without critical legal help on first order matters like incorporation, contract terms, or intellectual property issues. 

More About the Initiative

Entrepreneurial and community-based efforts to advance sustainability are surging within the United States, but these efforts are often slowed by limited access to top-flight legal services. Even obtaining legal help on first-order matters associated with formation and incorporation can present hurdles for entrepreneurs. Lawyers for a Sustainable Economy provides an easier way for entrepreneurs and environmental non-profits working on sustainability projects to find firms that are offering pro bono help on these types of important matters. The Lawyers for a Sustainable Economy Initiative, run by Stanford Law School and the Stanford Precourt Institute for Energy, was incubated to facilitate this match.

For more information on the initiative and how to apply for services, please visit lawyersforsustainability.com.

Who's in the Initiative?

14


Major, private U.S. law firms

$23M


Committed in pro bono legal services over two years

2


Corporate and non-profit partners

The firms offer pro bono legal assistance to entrepreneurs and non-profits taking on key sustainability challenges.

Law Firms

These 14 firms committed to provide free legal services on ongoing and new sustainability matters in the amounts identified over a two-year period. 

Corporate and NGO Partners

The private sector and NGOs like Grist are working with law firms to support connections between law firms and pro bono recipients. For example, Microsoft will help to connect grantees from its AI for Earth program – a five-year, $50 million initiative that supports and partners with environmental groups, academic researchers, and start-ups – with the initiative for legal support.  Pro bono lawyers from additional companies, including Goldman Sachs, have also volunteered to assist LSE firms. 

Companies participating in the Lawyers for a Sustainable Economy are making a commitment to assist the initiative in a number of ways, including by: (1) enabling company in-house lawyers to provide pro bono assistance to clients directly, or in coordination with outside LSE-member law firms, on company time; (2) encouraging outside law firms and other companies to participate in the LSE initiative; and (3) using their community outreach activities to identify potential clients who may qualify for, and benefit from, pro bono services provided through the LSE network.

Pro Bono Projects

The firms in the initiative worked on dozens of projects across several sectors, both in the United States and abroad. Below are a few highlights from new and ongoing work in 2020:

Union of Concerned Scientists

Orrick advised the Union of Concerned Scientists, a nonpartisan nonprofit that puts rigorous, independent science to work to solve our planet’s most pressing problems, in a range of infrastructure development consisting of the following: (1) evaluating private activity bond provisions and other bonding provisions applicable to zero emission vehicle charging and fueling infrastructure in the in the Moving Forward Act and other bills; (2) evaluating proposed state bonding legislation applicable to zero emission vehicle charging and fueling infrastructure in Minnesota and select other states; and (3) assisting in the development of policy positions on bonding opportunities applicable to zero emission vehicle charging and fueling infrastructure investments.

Renewable Energy Legal Defense Initiative

Arnold & Porter Kaye Scholer LLP is working with the Renewable Energy Legal Defense Initiative, which is based out of Columbia Law School and supports community groups that are trying to facilitate renewable energy projects.  The Renewable Energy Legal Defense Initiative provides legal support to groups that are working to develop solar farms, wind farms, and other renewable energy facilities.  These projects often face stiff local opposition and litigation that can derail projects for years.

Climate Neutral

Morrison & Foerster lawyers have provided a variety of IP, technology transactions, corporate, tax, and regulatory advice to nonprofit Climate Neutral. Climate Neutral works to decrease global carbon emissions by getting brands to measure, offset, and reduce the carbon they emit, through a simple set of tools and a certification.

Restore the Earth Foundation

Latham & Watkins is working with the Restore the Earth Foundation, which works to restore land in the Mississippi River Basin.  Latham is providing them with contractual advice to restore approximately one million acres of degraded land in the Mississippi River basin. Latham is also providing compliance advice on carbon sequestration, carbon markets, and carbon trading.

Lillian Augusta Hair

Morrison & Foerster is providing legal support for a microenterprise, Lillian Augusta Hair, started by two University of Michigan students that aims to use an invasive species to create an environmentally friendly hair product for Black women.

Nanogrid

Latham & Watkins is working with Nanogrid, a start-up public benefit corporation with a mission of reducing greenhouse gases from the electricity sector and lowering customer utility bills. Nanogrid provides a patent-pending software api that bridges smart meter data, utility rate data, and advanced modeling software to personalize home energy products and reduce electricity use during peak demand.

United Solar Initiative

Beveridge & Diamond provided critical legal support to United Solar Initiative, a small non-profit based in North Carolina. United Solar works with partners in the solar industry to provide solar power and clean water pumps to underserved communities across the world. Beveridge & Diamond helped United Solar stand up to a patent troll who threatened to drain resources from this volunteer-run organization, and we continue to advise United Solar on other issues related to its core mission.

Walker River Paiute Tribe

Hogan Lovells represents the Walker River Paiute Tribe that has reservation lands in Nevada that were contaminated with bomb ordnance by the Navy from a neighboring air base (Nevada Fallon Naval Air Station).  We worked with the Tribe to craft a legislative solution to address the contamination with agreement from the Navy and support from Nevada’s congressional delegation to be included in the NDAA legislation—we were poised to have it adopted in conference this session but it will likely be moved to the next Congress for adoption.  The solution includes protection of a sacred area on BLM lands, replacement lands for the Tribe that have geothermal energy capacity, and monetary payment for the lost use of its reservation lands due to the contamination, which is so pervasive and volatile that it cannot be cleaned up.

New Partners Community Solar

Nixon Peabody worked with New Partners Community Solar, the renewable energy nonprofit co-founded by two former partners of Nixon Peabody, to add a suite of creative resiliency solutions at a Washington, D.C. elementary school this year. At Ludlow-Taylor Elementary School, New Partners’ installed a sophisticated electricity management system, battery storage, and an innovative solar canopy, providing protected learning and play space for students. This setup increases the school’s resiliency in the event of climate change impacts and possible disasters. The school is already equipped with a 230 kW solar array through an earlier New Partners project.

Common Energy

Nixon Peabody assisted Common Energy in developing its community solar subscriber agreement, which enables homeowners and renters to support new, local renewable energy projects. This document is the key agreement describing the relationship between subscribers and community energy projects, enabling subscribers to prevent up to 15,000 pounds of carbon dioxide emissions per year and receive clean energy credits on their utility bills, which lower their energy costs.

WE ACT for Environmental Justice

Beveridge & Diamond provides pro bono assistance to WE ACT for Environmental Justice, a New York City-based non-profit that is dedicated to ensuring that people of color and low income residents participate meaningfully in the creation of sound and fair environmental health and protection policies and practices.  B&D’s pro bono assistance includes helping WE ACT secure Section 501(c)(4) non-profit registration, and handling transactional and permitting issues relating to a building that WE ACT owns.