Jeffrey M. Karp

Representative Client Work

• Providing advice on corporate, regulatory, and transactions issues to a client entering into joint venture with Israeli company to place utility-scale solar thermal plant in Negev Desert
• Defending a chemical manufacturer against U.S. EPA’s environmental clean-up and cost recovery claims involving contaminated watershed and surrounding property, and serving as co-counsel in private party and government CERCLA litigation
• Assists Israeli clean technology and alternative energy companies seeking to access capital markets, license their technologies, enter into joint venture agreements, and commercialize their products and services in the U.S.
• Advises clients in structuring renewable energy and energy efficiency projects to qualify for participation in government incentive programs
• Provides regulatory support and prepares contractual agreements for solar energy projects developed under the Massachusetts solar carve-out renewable energy credit program
• Advised a county solid waste commission regarding potential approaches to monetizing landfill gas assets, and prepared contract terms to facilitate transaction with renewable energy developer
• Advised companies concerning the availability under the American Recovery and Reinvestment Act of grants and/or tax credits to further develop renewable energy technologies, and fund installation of alternative energy heating and power systems
• Advised Israeli chemical company regarding qualification of proposed fuel switch projects to generate eligible carbon emission reduction credits under the Kyoto Protocol’s Clean Development Mechanism program
• Assisted a Canadian company in negotiating sale of carbon credits to U.S. company from landfill gas emission reduction project
• Advised a developer regarding qualification of proposed Panamanian forestry emission reduction project to generate saleable carbon credits 
• Advised an Israeli company regarding addition of carbon credit component to its waste-to-energy technology
• Advised a Mexican company seeking to pre-sell carbon emission reduction credits from methane avoidance project to international compliance trader
• Advised insurance carriers developing new insurance products for U.S. market pertaining to alternative energy and carbon emission reduction projects
• Advised an Israeli carbon technology and trading company regarding sale of carbon emission reduction credits in worldwide voluntary markets
• Developed due diligence plan for venture capital company and clean-fuel technology developer for transaction with electric utility company
• Assisted a client in performing environmental due diligence for transaction to site and construct new power generating facility, and counseled client regarding potential impact of future climate-related legislation
• Advised an international consumer products manufacturer regarding U.S. federal and state requirements governing marketing of "green" products
• Evaluated "green" product claims of client’s competitors, and sought action by U.S. federal and state regulatory authorities for claims lacking substantiation
• Gained inclusion in Leadership for Energy and Environmental Design (LEED) Green Building Rating System for Existing Buildings of credits in operation and maintenance category for manufacturer of battery-operated landscaping equipment
• Advised a manufacturer of new energy efficiency and conservation products of opportunities to gain marketplace advantage through U.S. government incentive and consumer education programs, and by supporting pending federal and state legislative and regulatory programs
• Achieved a favorable settlement for trust of U.S. EPA’s CERCLA cost recovery claim based on "Ability to Pay" analysis performed under Agency’s guidance documents
• Negotiated a  substantially reduced settlement payment by auto parts manufacturer to resolve CERCLA cost recovery litigation with U.S. EPA by demonstrating remedy selected and performed by Agency was based on faulty conceptual site model
• Successfully enforced environmental indemnity provisions in purchase and sale agreements, and negotiated settlements resulting in payments to clients and performance of remedial measures by counter-parties totaling several million dollars
• Obtained a dismissal of environmental "whistleblower" complaints filed with federal and state authorities by disgruntled former employee of equipment components manufacturer

Bar & Court Admissions

• District of Columbia, 1977
• U.S. District Court, District of Columbia
• U.S. District Court, Western District of Michigan
• U.S. Court of Appeals for the Fourth Circuit
• U.S. Court of Appeals for the Sixth Circuit
• U.S. Court of Appeals for the District of Columbia Circuit

Publications

• Sullivan & Worcester Snags Leading Energy Finance Partner, Law 360, Quoted (May 17, 2013)
• Green Card to Israeli Green Technologies, Ha'aretz Renewable Energy Magazine (August 31, 2011)
• Landfill Gas Checklist, Solid Waste & Recycling (June/July 2011)
• Challenges, Opportunity for Water Supply, Boston Business Journal (June 2011)
• Virginia Gov’t to Assist Five Israeli Cleantech Cos, Globes, Quoted (January 10, 2011)
• Viewpoint: From Trash to Treasure, American City & County (November 24, 2010)
• The Green of Gas, Waste Age (November 2010)
• A Look at the Challenges and Considerations in Developing Landfill Gas-to-Energy Projects, SWANA Proceedings of WASTECON 2010 (August 2010)
• U.S. and Israeli Officials Convene in Washington for Water Technology Forum, WaterTech Online, Quoted (March 25, 2010)
• Handling Climate Change Disclosure, Compliance Reporter (March 8, 2010)
• Renewable Energy Update: DC Expert Shares Knowledge About New Business Opportunities, DC Urban Technology Examiner, Quoted (March 7, 2010)
• Legal Eagles Help Cleantech Stars Rise, Green Chip Stocks, Quoted (February 18, 2010)
• Spotlight Israel Embassy Teams up with Advocates to Showcase Israeli Technology, Washington Jewish Week, Quoted (February 11, 2010)
• Opportunities for Israeli Companies in the Carbon Credit Markets, Haaretz Global Tech Magazine (December 22, 2009)
• Israeli Clean-Tech Companies Said to Have 'Big Opportunities' in the US, The Jerusalem Post, Quoted (July 17, 2009)
• Businesses Stick to Green Goals Despite the Economy, Boston Business Journal, Quoted (July 3, 2009)
• Carbon Credit Market Stays Strong, Mass High Tech, Quoted (July 3, 2009)
• Insurers Dip Toes In Carbon Market But Don't Jump, Law360, Quoted (June 25, 2009)
• Future Uncertain For Voluntary Carbon Market, Law360, Quoted (June 23, 2009)
• Opportunities in the Emerging Carbon Credit Market, Journal of BioLaw & Business (June 2009)
• New York State Offers Tax Incentive for Green Buildings, Practical US/Domestic Tax Strategies & NAIOP Green Development News (April / May 2007)

Client Advisories

• Federal Appeals Court Muddies the Waters: Finds that EPA has the Last Word on Disposal Site Selection Even After Army Corps’ Issuance of a Section 404 Permit
• Recent Developments Create Mounting Uncertainty Concerning EPA’s Regulation of Stormwater Under the Clean Water Act
• Recent Developments in Chinese Government Protocols and Initiatives Seek to Encourage Foreign Direct Investment in Energy, Environmental, and Water-Related Industries
• EPA’s Release of the First Phase of the Dioxin Reassessment and Reference Dose May Lead to More Stringent Exposure Standards and Legal Challenges
• U.S. Supreme Court Authorizes Pre-Enforcement Review of EPA Administrative Compliance Orders Under the Clean Water Act
• Construction Site Operators Must Consider New EPA Revisions to the Stormwater General Permit
• Texas Supreme Court Issues Landmark Decision Addressing Landowners’ Right to Underlying Groundwater Resources
• EPA Implements NPDES Permitting Program for Pesticide Uses Near U.S. Waters
• Massachusetts DEP Proposes Action Plan for Regulatory Reform
• Federal Trade Commission and Consumers Seek to Curb Potentially Misleading Green Marketing Claims
• EPA Study Signals Intent to Address Potential Hazards Posed by Pharmaceuticals and Personal Care Products to Domestic Water Supply
• Congressional Attempts to Curb U.S. EPA’s Authority to Address Climate Impacts Create Regulatory Uncertainty
• Federal Trade Commission Orders Company to Cease and Desist from Selling Worthless Environmental Certifications to Green Product Marketers
• Massachusetts High Court Affirms the Public’s Rights in Coastal Waters and Streamlines Approval of Their Use for Energy Facilities
• Massachusetts Issues Proposed Eligibility Criteria for Biomass Facilities to Receive Economic Incentives Under Commonwealth’s Renewable Energy Program
• Massachusetts' High Court Allows Controversial Cape Wind Project to Proceed
• U.S. Environmental Protection Agency’s Proposals Affect Stormwater in Massachusetts’ Charles River Basin
• EPA Proposes Guidelines for Determining Confidentiality of Greenhouse Gas Emissions Data
• Massachusetts Finalizes Solar Credit Clearinghouse Program
• EPA Issues Four Proposed Rules to Modify Mandatory Greenhouse Gas Emissions Reporting Requirements
• EPA Announces New Strategy to Address Drinking Water Quality
• EPA to Initiate Financial Responsibility Rulemaking Proceeding under CERCLA Section 108(b)
• SEC Emphasizes Obligation of Public Companies to Assess and Disclose Climate Change-Related Business Impacts
• EPA Issues Final Finding that Greenhouse Gas Emissions Endanger Public Health and the Environment
• U.S. Senate and Environmental Protection Agency Taking Steps Toward Regulating Greenhouse Gas Emissions
• EPA Issues Final Mandatory Greenhouse Gas Reporting Rule
• Imperatives for Climate Change-Related Disclosures in SEC Filings Continue to Mount
• Supreme Court Decision in Burlington Northern Case Highlights Burden of Proof in CERCLA Cases
• EPA Takes Major Steps Toward Regulating Greenhouse Gas Emissions

Speaking Engagements

• "Israeli Cleantech Developments," Simcha Havurah, Bethesda, MD (July 31, 2011)
• "The Environmental Symposium Series: Highlighting U.S.-Israel Research & Development Cooperation in Green Technology," Embassy of Israel, Washington, D.C. (December 15, 2010)
• "Opportunities in the Emerging Carbon Markets," Capital Markets Board of Turkey, Istanbul, Turkey (November 11, 2009)
• "Renewable Energy, Clean Tech and International Carbon Markets: What Lies Ahead and How to Take Advantage of Opportunities," Tel Aviv, Israel (July 16, 2009)
• "Carbon Trading Liability Forum: Risk Management in the New Markets for VERs, CERs, and RECs," New York, NY (May 20, 2009), and Boston, MA (March 4, 2009)
• "New Telecom Act: Outlook and Opportunities for Utilities," Utilities Telecom Council, Indianapolis (October 19, 2005), and Long Beach, California (May 24, 2005)

Awards & Honors

• Washington, D.C. Super Lawyers (2013)

Education

• J.D., Antioch School of Law, 1977
• B.A., magna cum laude, Brandeis University, 1974