Kenneth J. Markowitz is the senior clean energy and environmental consultant to the firm. He advises leading public- and private-sector clients on a comprehensive range of energy policy, law and regulatory issues in relation to economic growth, energy security and environmental stewardship, both domestically and internationally.
Practice & Background
Mr. Markowitz advises a broad range of clients on greenhouse gas, renewable fuels, energy efficiency, air pollution and other climate and environmental regulation. He has demonstrated a record of success for our clients working through complex regulatory programs implemented by EPA, DOE, and USDA. He has extensive experience with EPA’s Renewable Fuel Standards program and the Corporate Average Fuel Economy (CAFE) regulations. He has extensive experience with DOE and USDA loan guarantee programs. Mr. Markowitz works on energy efficiency issues across multiple legislative and regulatory platforms, including energy use and conservation in buildings, consumer and commercial products and appliances, transportation systems, and other processes and controls, including with voluntary programs such as Energy Star. As previously stated, Mr. Markowitz advises clients on USDA loan guarantee and regulatory programs, including with the Bio-Preferred and the Biomass Crop Assistance programs.
Mr. Markowitz actively participates in the United Nations Framework Convention on Climate Change negotiations on issues including the mitigation, financing, market mechanisms, transparence, compliance and technology transfer. He has led global capacity building projects for prosecutors and judges, compliance and enforcement indicators, hazardous waste and port security, fresh water governance and other programs.
Mr. Markowitz has assisted governments around the world to strengthen the rule of law and build stronger environmental governance systems through performance measurement, adaptive management and public-private partnerships, including the United States, Netherlands, United Kingdom, Canada, Germany, Brazil, Australia, Argentina, Kenya, South Africa, Morocco, Jordan, Egypt, Japan, Thailand, Vietnam, Philippines, Costa Rica and others. He assists clients navigate the United Nations Environment Programme, the European Commission, the World Bank, the International Finance Corporation, the Organization of American States, and the Organization for Economic Cooperation and Development systems. He has counseled clients on the Montréal Protocol and the Sustainable Development Goals.
Mr. Markowitz formerly served as the Managing Director of the International Network for Environmental Compliance and Enforcement (INECE), a trans-governmental network of over 120 countries, where he led an international initiative among regulators, business and international organizations to strengthen compliance and improve investor confidence in environmental markets. Mr. Markowitz was also a senior attorney at U.S. EPA, where he received national recognition for his work on emergency response and oil spill prosecution, and in private practice as an environmental lawyer, counseling corporate and municipal clients in over 30 states on air, water, petroleum, waste and toxics. He has worked for leading NGOs and served on the Commonwealth of Virginia’s Emission Trading and Banking Group, advising the Commonwealth on the design and development of sulfur dioxide and nitrogen oxide emission trading programs in the early 1990’s.
Mr. Markowitz received his J.D. in 1989 from American University’s Washington College of Law, where he was a dean’s fellow in corporate tax and an editor of the Journal for International Law and Policy. Mr. Markowitz is an adjunct professor at The Washington College of Law, The American University. He is the founder and President of Earthpace LLC, a global consulting services firm.
Mr. Markowitz’s recent representations include:
- preparing regulatory comments and advocating before EPA on numerous RFS issues, including critical definitions of renewable biomass and renewable fuel, pathway process, reporting and attestation, compliance and enforcement
- advising clients on the regulations and process to register renewable fuel and RINs with EPA, as well as numerous novel pathways and RIN generation
- successfully defending multiple enforcement actions from DOE alleging violations of the energy efficiency regulations for both consumer and commercial products (appliances)
- providing counsel to large industrial clients on greenhouse gas mitigation strategies, including on participation in carbon markers in California, Asia, Canada and Europe, as well as other carbon pricing strategies
- assisting client obtain Bio-Preferred status from the U.S. Department of Agriculture (USDA) for wood building materials
- providing regular counseling on EPA greenhouse regulations and fuel economy regulations for both heavy duty and light duty vehicles (trucks, buses and cars), and on stationary sources, including on the Clean Power Plan
- assisting client with successful application for a DOE Advanced Research Projects Agency (ARPA-e) grant for carbon capture and sequestration
- negotiating resolution for treatment of security and surveillance systems in the DOE’s consumer electronics programs
- representing a farm cooperative in successful administrative proceedings before the USDA involving issues under the Biomass Crop Assistance Program to recover matching payments.
Mr. Markowitz is involved in community, civic and charitable activities that include:
- River Falls Community Center Association, President, Board of Governors
- International Union for the Conservation of Nature, World Commission on Environmental, Chair, Specialist Group on Compliance and Enforcement
- American Bar Association, Clean Tech and Climate Change Committee, founding co-chair (2009-2011).
- Akin Gump hosted webinar, “Environmental Law 101: Managing Environmental Compliance and Liabilities at Universities,” December 5, 2017
- Akin Gump hosted webinar, “A Healthy Environment: Avoiding Environmental Liability at Health Care Facilities,” September 28, 2017
- U.S. Seminar on American Federalism Organized for Young Emerging Russian Leaders, “International Environmental Issues: How NGOs and Governments Work Together,” Washington, DC, May 2016
- IUCN World Congress on Environmental Law, Rio de Janeiro, Brazil, April 2016
- Ministry of the Environment, Subcommittee on Environmental Enforcement, China and INECE, Co-Organizer, September 2015
- United Nations Justice and Governance for Sustainable Development, World Congress for Law, Rio de Janeiro, Brazil, June 2012
- Connecting Regional Initiatives, Australian Environmental Law Enforcement and Regulators Network, Darwin, Australia October 2011.