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.

July 2020

June 2020

May 2020

Environment

EPA’s Updated CERCLA “Common Elements” Guide: Enforcement Discretion Guidance Provides Important Direction on Landowner Liability Protections

In July 2019, the U.S. EPA released its long-awaited Enforcement Discretion Guidance Regarding Statutory Criteria for Those Who May Qualify as CERCLA Bona Fide Prospective Purchasers, Contiguous Property Owners, or Innocent Landowners. The 2019 Guide supersedes EPA’s 2003 interim guidance on this topic and provides significant clarifications on several key elements of the landowner limitations on CERCLA liability.

April 2020

March 2020

February 2020

January 2020

December 2019

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