Climate Change

LAGUNA provides legal counsel to give legal certainty to projects and programs that reduce greenhouse gases (GHG) and related carbon credit transactions.

LAGUNA advises the investor, the project developer, the buyer or the seller of carbon credits in relevant transactions.

Our attorneys have over 20 years of experience providing legal advice to projects that tackle climate change in Latin America and Africa. We are pioneers in the area, and the advice provided by our lawyers has received international recognitions. The legal services provided include:

  • Legal advice for the implementation and development of projects and programs that reduce GHG, including the certification processes for the generation of carbon credits under a chosen scheme.
    • Developing joint venture agreements for the implementation of climate projects and programs.
    • Advice and drafting of emissions reduction purchase agreements (ERPAs).
    • Development of legal audits to GHG reduction projects or programs.
    • Design of mitigation and adaptation programs with a programmatic approach.
    • Advice to national, state, and local governments as well as international cooperation agencies in the implementation of mitigation and adaptation climate change policies. We develop the needed structures for the implementation of climate change policies.
    • Provide legal certainty to projects tackling climate change. We verify entitlement in carbon credits sales, compliance with applicable laws, and avoidance of elements that trigger contract termination.
    • Reduce the risks of climate change projects/programs, through ad hoc legal structures and agreements.
    • Create “platforms of coordination”, which allow the encounter and coordination of private, public, and social sectors’ entities to develop collaborative climate change programs. It has been proven that impactful and long-lasting climate change programs are those that engage a diverse set of stakeholders, from planning through implementation.
    • Development of climate change programs considering its impact and its compliance with CSR (Corporate Social Responsibility) and ESG criteria(Environmental Social & Governance)
    • Execution of successful climate change projects in developing countries. Complying with applicable law is not enough. Successful implementation of a project requires that its design, structure, and documentation consider each of the project’s parties’ conditions, limitations, aspirations, and culture. With our experience, we provide the needed advice.
    • Design climate change with a programmatic approach. Climate change does not wait. An acceleration of the implementation of impactful and resource-efficient programs is needed. A programmatic approach in the development of programs is the answer to this challenge. We have the experience of having advised in several programmatic CDMs, in Latin America, and in Africa to provide you advice in this matter.
    • Implement climate change policies with a pragmatic approach. With our experience advising public and private sectors’ entities we understand what is really needed for the implementation (and not only conception) of climate change policies.
    • Implementation of climate finance instruments. We have provided advice for the design and operation of climate change funds, and for the legal implementation of Emissions Trading Schemes.