Challenge
The American Clean Skies Foundation is a 501(c)(3) not-for-profit organization established in 2007 to educate the public about the future of American energy. Clean Skies believes that American-made, clean-burning natural gas should be the favored fuel in the U.S. for better public health, a cleaner environment and enhanced national security.
With solid funding in place, Clean Skies sought counsel to develop its message and energy policy communication strategy. It also required guidance on the legal details of its formation, as well as its corporate structure. As it began working with state governments and utilities, Clean Skies needed help with state administrative proceedings and interactions with pubic utilities commissions. In addition, Clean Skies called for assistance preparing a filing with the U.S. Securities and Exchange Commission (SEC). The SEC had requested comment on its rules for reporting natural gas and oil reserves. Established in 1978, these rules had been facing irrelevancy in light of current technologies.
Solution
Brownstein Hyatt Farber Schreck’s work with Clean Skies is an example of the firm’s role as the ultimate facilitator for organizations that matter. During the initial stages of the foundation’s development, Brownstein Policy Director Kyle Simpson worked with Clean Skies to establish its message and strategy for communicating with energy policy makers. Shareholder James Flood helped Clean Skies organize and manage itself in a manner consistent with its 501(c)(3) status. Members of the Employment Group stepped in to create employment manuals and an overall structure for employee benefits. Brownstein attorneys also helped iron out intellectual property issues and tax law matters so the new organization could move forward with confidence. Brownstein has now adopted a role as outside corporate counsel for Clean Skies.
In the natural resources area, a team of Brownstein attorneys led by shareholders Michelle Kales and Mark Mathews counseled on issues related to energy and the environment. Part of their work involved setting up a system to monitor administrative proceedings in a number of states related to natural gas, renewable energy development and transportation. In Colorado, Brownstein intervened for Clean Skies in a critical Public Utility Commission proceeding that addressed the role of natural gas and renewable energy in the state’s energy policy.
Brownstein also helped Clean Skies present its filing with the SEC, which responded to a notice of inquiry about changing the requirements for public companies to report reserves of natural gas and oil. As a result of the filing and other supporting evidence, the SEC is considering changes to its natural gas and oil reporting requirements. The new requirements would take into account modern technologies and more unconventional natural gas sources like coal bed formations, tight sands and shale formations.
These types of sources were central to a recent study of natural gas reserves sponsored by Clean Skies. The Navigant study cataloged U.S. reserves of as much as 2,247 trillion cubic feet, which translates to more than 118 years of supply at projected production levels. These figures far outweigh previous estimates, which were closer to 1,500 trillion cubic feet, or roughly 65 years of supply. The new survey results indicate a dramatically different picture for the future of U.S. domestic energy production.
With Brownstein’s help, Clean Skies has become a major player in the debate on American energy. The foundation created a Web-based broadcast news network, CleanSkies.com, to report on clean energy and natural gas news, policy and opinion. During the Democratic National Convention in Denver and the Republican National Convention in Minneapolis-St. Paul, Brownstein helped Clean Skies gain access to energy policy makers for TV interviews. Throughout the conventions, CleanSkies.TV talked to energy heavy hitters, asking for different viewpoints on the future of U.S. energy production. The content will be part of regular Webcasts, as well as a weekly television show. Through these efforts, and with the critical help of Brownstein Hyatt Farber Schreck, Clean Skies is helping advance the discourse on the next generation of innovative, clean, responsible energy in the United States. |