Recent Articles

The Section’s substantive committees publish articles to keep you current on important developments for your practice. Listed below are the most recent committee articles. For further analysis, tools, and insights from a specific committee, visit its webpage.

November 2019

October 2019

September 2019

August 2019

July 2019

Environment

Improving Climate Risk Disclosures from within the SEC: Moving Forward Absent the Climate Risk Disclosure Act of 2018

While the recently introduced Climate Risk Disclosure Act of 2018 (2018 Act) by Senator Warren momentarily brought the issue of climate change’s effects on public companies’ financial predictions to the top of the newsreel, this topic is not new, and neither is the regulation it builds off of—an almost decade-old interpretation by the Securities Exchange Commission (SEC) that current securities laws require material risks posed by climate change to be disclosed.

June 2019

Energy

Preemption, I Think Not: Evaluating California’s Stored Energy Procurement Law against FERC Order 841

On February 15, 2018, FERC declared existing Regional Transmission Organization/Independent Systems Operator (RTO/ISO)1 market rules governing the inclusion of ESRs2 in the wholesale markets to be “unjust and unreasonable in light of barriers that they present to the participation of electric storage in the RTO/ISO markets, [because they] reduc[e] competition and [fail] to ensure just and reasonable rates.”

May 2019