Challenge

The Bill Gates backed alternative fuel startup Infinium from California hired Alber & Geiger to shape the EU Renewable Energy Directive and respective EU legislation on road transport, maritime and aviation. The primary aim of our advocacy was to ensure that the entire regulatory and legal framework in the EU provides the necessary financial, market and regulatory support to enable concrete investments in hydrogen based e-fuels factories and the eventual roll out of e-fuels in the coming years in the EU.

Strategy

The lobbying focus was on the greenhouse gas savings provided by hydrogen e-fuels when used as a drop in alternative to standard fuels, and the latter’s contribution to meet the Green Deal goals. Similarly, our team engaged with lawmakers and EU officials to corral backing for specific e-fuels targets in maritime transport and high quotas for e-fuels in aviation. We put the spotlight on the important contribution of e-fuels in sectors that are hard to decarbonize, shaping the criteria to determine renewable hydrogen in the EU.

Results

We were able to garner support for higher e-fuels quotas and shepherd the uptake of e-fuels in key modes of transportation. Alber & Geiger’s effort led to a plenary vote in the European Parliament that supported higher targets for e-fuels. In a politically arena with various alternative fuels competing for incentives, our team was able to obtain clear and strong support for e-fuels, turning Europe into one of the most attractive and important markets for that.

Challenge

The patent holder of Teflon™, US Fortune 500 chemical company Chemours, approached Alber & Geiger seeking regulatory and advocacy support over a European Union proposal that would ban all per- and polyfluoroalkyl substances (PFAS). Those PFAS are chemicals that came under regulatory fire as being the so called “forever chemicals”, which persist in the environment. The political turbulences in the EU started in the Netherlands, continued in Italy and Germany then, until they became an EU wide regulatory initiative in Brussels.

Strategy

On the one hand we were confronted with planned PFAS bans in The Hague, Rome and Berlin which we had to politically manage with the national governments. On the other hand we saw a regulatory initiative develop in Brussels under the EU chemicals strategy. We embarked on a defense for the Chemours specific PFAS named GenX and Teflon™, based on the planned PFAS restrictions. Considering the impact of the restrictions to the supply chains of various Member States, Alber & Geiger entered into discussions with the European Chemicals Agency (ECHA), the European Commission, the European Parliament, the EU Permanent Representations and the Member States’ Ministries of Industry and Environment.

Results

We managed to stop the national PFAS bans in The Hague, Berlin and Rome. And we aligned them with the EU initiative. There, we made EU regulators and lawmakers understand that they needed to differentiate between different PFAS, such as PFAS of high or low concern, as a liquid, gas or solid material.

Challenge

The European Commission initiated anti-dumping proceedings concerning imports of polyvinyl alcohol (PVA) originating from China. The investigation on the dumped PVA was worth more than $33 million. Solutia, a U.S. Fortune 500 firm and a Monsanto spin off, was one of the parties concerned by this investigation. Solutia relied heavily on PVA to produce polyvinyl butyral (PVB), a material used in glass, construction and auto industries. With only 5-months’ notice, Solutia sought Alber & Geiger’s help to avoid import duties on PVA.

Strategy

Alber & Geiger produced a narrative that included an understanding of the Chinese economy and the PVA market in China. Our message was strongly embedded in the European Commission’s approach to trade and competition law, while taking into account the global political consensus on Chinese PVA dumping. More concretely, we put forward arguments that the dumping was a natural consequence of China’s macro-economic situation and production pressures.

Our team demonstrated that other market factors had contributed to the EU economic injury. We argued that the European Commission had not shown a causal link between the detriments suffered by the EU market and dumped imports from China. Moreover, our message cast doubt on the way the European Commission had defined the market of PVA in light of the broader range PVA uses.

Results

Alber & Geiger’s lobbying activity led to the European Commission revising its preliminary duties decision on PVA imports. As we had argued, the European Commission concluded that there was no evidence that would link dumping and injury. The tariffs were lifted. Solutia’s profitability and position on the global market remained intact.