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Jayni Hein

Jayni F. Hein co-chairs the firm’s Carbon Management and Climate Mitigation industry group.

Jayni joins the firm after serving as Senior Director for Clean Energy, Infrastructure & the National Environmental Policy Act (NEPA) at the White House Council on Environmental Quality (CEQ).

During her tenure at CEQ, she oversaw the Biden Administration’s ambitious environmental and clean energy agenda, leading work on low carbon projects and climate disclosure, and advancing the successful implementation of the Infrastructure Investment and Jobs Act (2021) and Inflation Reduction Act (2022).

Jayni has extensive experience advising clients on NEPA, Clean Air Act, and Endangered Species Act issues, as well as energy development on public lands. As the former senior political appointee spearheading work to revise NEPA regulations and issue guidance on climate change and greenhouse gas emissions, Jayni offers clients first-hand experience with infrastructure projects that require federal and state permits and authorization. She helps clients identify new funding opportunities and successfully advance clean energy and other infrastructure projects, including onshore and offshore wind, solar, hydrogen, transmission, semiconductor, and carbon, capture, sequestration, and utilization (CCUS) projects.

In addition, leveraging her government experience, Jayni advises companies and investors on ESG compliance and strategy in light of increased scrutiny of corporate climate and net-zero commitments. She advises clients on the legal and policy issues relating to ESG and climate-related regulatory requirements, investor demands, global reporting frameworks, and strategic business opportunities.

Clients benefit from her ability to creatively troubleshoot issues, establish relationships across government, and engage policymakers, industry, non-profit organizations, and other key stakeholders in constructive conversations around climate change, environmental justice, and corporate decarbonization goals.

Prior to CEQ, Jayni led energy and climate work at think tanks at NYU Law and Berkeley Law.

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What You Need to Know.

  • After two days of intense negotiations, world leaders adopted a draft decision that sets out international climate priorities in response to the findings of the first Global Stocktake under the Paris Agreement.  The decision covers several thematic areas, including mitigation of greenhouse gas emissions, adaptation and resilience in the face of climate change, financing and means of implementation and support for climate projects, and loss and damage funding for climate-vulnerable nations.  The text of the draft decision can be found on the UNFCCC’s website here.
  • The most highly scrutinized and heavily debated aspect of the agreement was the path forward on the use of fossil fuels, greenhouse gas emissions from which, the decision notes, have “unequivocally caused global warming of about 1.1 °C.”  Recognizing the need for deep, rapid, and sustained reductions in greenhouse gas emissions in line with 1.5 °C pathways, the decision calls on Parties to contribute to the following efforts related to the energy transition and fossil fuel use:
    • Tripling renewable energy capacity globally and doubling the global average annual rate of energy efficiency improvements by 2030;
    • Accelerating efforts towards the phase-down of unabated coal power;
    • Accelerating efforts globally towards net zero emission energy systems, utilizing zero- and low-carbon fuels well before or by around mid-century;
    • Transitioning away from fossil fuels in energy systems, in a just, orderly and equitable manner, accelerating action in this critical decade, so as to achieve net zero by 2050 in keeping with the science;”
    • Accelerating zero- and low-emission technologies, including, inter alia, renewables, nuclear, abatement and removal technologies such as carbon capture and utilization and storage, particularly in hard-to-abate sectors, and low-carbon hydrogen production;
    • Accelerating and substantially reducing non-carbon-dioxide emissions globally, including in particular methane emissions by 2030;
    • Accelerating the reduction of emissions from road transport on a range of pathways, including through development of infrastructure and rapid deployment of zero and low-emission vehicles; and
    • Phasing out inefficient fossil fuel subsidies that do not address energy poverty or just transitions, as soon as possible;
  • While coal has been mentioned in previous COP decisions, the language on “transitioning away from fossil fuels” represents the first time that countries have agreed to language that explicitly curtails all fossil fuels in the nearly three-decades-long history of the UN climate summit.  Though hailed by COP28 President Al Jaber and other world leaders as a “historic package to accelerate climate action,” the decision, and how it was adopted, was not without its critics.
    • UN Climate Change Executive Secretary Simon Stiell pushed the world to strive for more action.  “COP 28 also needed to signal a hard stop to humanity’s core climate problem—fossil fuels and their planet-burning pollution.  Whilst we didn’t turn the page on the fossil fuel era in Dubai, this outcome is the beginning of the end.”
    • Anne Rasmussen, lead delegate for Samoa, complained that delegates of the small island nation nations weren’t even in the room when President Al Jaber announced the deal was done.  Garnering the longest applause of the session, Rasmussen declared that “the course correction that is needed has not been secured” and that the deal could “potentially take us backward rather than forward.”

Continue Reading COP28 Final Negotiations Recap: A Global Agreement to Transition Away from Fossil Fuels

What You Need to Know.

  • The UNFCCC has released a draft text of the negotiated outcome of the first Global Stocktake under the Paris Agreement.  The draft text currently includes four options to address the question of “phasing out” versus “phasing down” the use of fossil fuels, with the strongest option’s wording being “[a] phase out of fossil fuels in line with best available science.”  Options with weaker wording would call on the Parties to the Paris Agreement to take action towards “phasing out unabated fossil fuels and to rapidly reducing their use so as to achieve net-zero CO2 in energy systems by or around mid-century.”
  • The distinction between “abated” and “unabated” fossil fuels and the meaning of “abated” are being hotly debated, with many commentators warning about the potential of creating a loophole through legal ambiguity.  This draft text will form the basis of intense high-level negotiations between global leaders over the next days.
  • Vanuatu and Tuvalu have renewed calls for a Fossil Fuel Non-Proliferation treaty to address the climate crisis.  Such a treaty is being promoted by supporters as an alternative to the COP process if world leaders cannot agree to phase out fossil fuels.
  • The governments of Armenia and Azerbaijan—until recently at war with each other—issued a joint statement acknowledging not only a “historical chance to achieve long-awaited peace in the region” but confirming that as a “sign of good gesture” Armenia would support Azerbaijan’s bid to host COP29.  Hours later, Russia reportedly blocked Azerbaijan’s bid, according to EU diplomats.  If countries cannot agree, Germany will be the default host country.  Looking further ahead, COP30 in 2025 is widely expected to be hosted by Brazil.
  • December 8 was “Youth Day,” and featured events focused on empowering and elevating the voices of young people in the climate negotiation process.  Shamma Al Mazrui, COP28’s “Youth Climate Champion” and the UAE’s Minister of Community Development, stated in remarks, “when young people have a seat at the table and a voice in decision making they become agents of change.”
  • Leading up to COP28, a “Global Youth Statement” that synthesizes collective climate policy demands and proposals of young people, was provided to the UNFCCC and COP28 Presidency by YOUNGO, the official children and youth constituency of the UNFCCC.  The statement includes demands for a “just, equitable and secure transition to a fossil fuel phase-out” and more financial support for vulnerable communities to address the impacts of climate change.

Continue Reading COP28 Day 8 Recap: Empowering Global Youth and a Look Towards Final Negotiations

What You Need to Know.

  • Two years ago, governments at COP26 agreed to “phase down” the use of unabated coal. This year, countries remain split on specific language concerning fossil fuels more broadly.
  • draft version of the climate agreement for COP28 provides three different options for the future of fossil fuel use.  The first requires the parties of COP28 to commit to “an orderly and just phase out of fossil fuels,” while the second would instead commit to “accelerating efforts towards phasing out unabated fossil fuels and to rapidly reducing their use so as to achieve net-zero CO2 in energy systems by or around mid-century.”  The third option would contain no text on this point.  Saudi Arabia’s energy minister has already rejected any language that would phase out fossil fuels.  And at the same time, NGO reports have sharply criticized the outsized role of fossil fuel lobbyists at COP28, especially at a time when the stakes are high for the energy transition.  
  • As COP28 reaches its midway point, the United Nations World Meteorological Organization (WMO) released a new report finding that between 2011 and 2020, more countries reported record high temperatures than in any other decade.  Glaciers shrank more than ever from 2011 and 2020 and the Antarctic ice sheet lost 75 percent more mass compared to the previous ten years.  The report concludes there is no sign of immediate warming reversing, and that each decade since the 1990s has been warmer than the previous one. 
  • Amidst this sobering backdrop, six of the world’s largest dairy companies—Danone, Bel Group, General Mills, Lactalis USA, Kraft Heinz, and Nestle—joined the Dairy Methane Action Alliance.  Initiative members will annually account for and publicly disclose methane emissions within their dairy supply chains and publish and implement a methane action plan by the end of 2024.  This private sector action on methane joins EPA’s announcement just days ago of a final rule that will reduce methane and other harmful air pollutants from the oil and natural gas sector.
  • Six more countries joined twenty-seven previously announced nations to sign on to the Global Memorandum of Understanding on Zero-Emission Medium- and Heavy-Duty Vehicles.  The agreement calls for signatories to commit to working together to enable 100% new zero-emission medium- and heavy-duty vehicle sales by 2040 at the latest, with an interim goal of at least 30% new sales by 2030.
  • The U.S. Department of State announced a suite of Export-Import Bank financial tools to support the deployment of small modular reactor nuclear energy systems and help U.S. exporters compete in this global market.  Additionally, the United States, Canada, Japan, France, and the United Kingdom announced their collective intent to support increased deployment of zero-carbon, peaceful nuclear energy by expanding nuclear fuel production capacity across trusted, high-quality suppliers free from manipulation and influence.

Continue Reading COP28 Day 6 Recap: Draft Agreement Lays Out Options Concerning Potential “Phase Out” of Fossil Fuels