For many of our clients, their day-to-day business is closely monitored, regulated, and ultimately affected by an enormous, highly complex body of environmental regulation. Because Liskow is so deeply embedded in the real-world operational impact of these rules, we are a leader in helping clients shape rulemaking proceedings, including petitions for review of final agency regulations. Our experience and relationships give us the firsthand knowledge needed to participate in the development of the regulations that are the framework for our enterprises.
Our participation in the rulemaking process can take different forms, depending on what’s required. We often work with industry trade associations, and may provide data to agencies for them to analyze and use to devise rules. We may give them information about client processes and controls – which work and which don’t – and in the case of modification of extant rules, provide them with guidance as to which work and which don’t, and what can be improved. The relationship between regulator and the regulated is, ultimately, a dynamic partnership and in the rulemaking process, we work with both.
We’ve seen it before
As a form of administrative law, rulemaking is highly specialized – perhaps even arcane. It’s typically not well understood by litigators, or transactional lawyers, or attorneys from large, national firms without a close connection to a particular industry. The latter, in particular, may have relationships with the regulatory agencies, such as the EPA, but lack the hands-on knowledge, the in-the-weeds familiarity, to effectively engage in the actual rulemaking process. That intimate understanding of the real-world impact of administrative rules, makes us unique, and uniquely qualified, to influence them.
Our approach relies on a combination of being highly collaborative and extremely detail-oriented and systematic. With respect to the former, we often work with other firms, companies, and clients, sometimes assembling a kind of virtual firm where we can contribute knowledge in fields where we have particular expertise. We combine this with an extremely detailed grasp of regulations which can sometimes be hundreds of pages long and whose impact can turn on a single word.
Helping clients manage change
Frequently, the Liskow team is involved with a rule from the beginning. We also help our clients anticipate, and shape, the form and content of upcoming rules, particularly in new or rapidly-evolving industries. For example, we have experience in carbon capture rulemaking, related to both on- and offshore projects. For another, we advise several clients in the application of environmental, social, and governance principles by the Securities and Exchange Commission. We are a leader in helping clients navigate rapidly-changing issues and ensuring that in a complex, high-stakes process, their voices are heard. And listened to.