Journal Article Archives - Initiative on Climate Risk and Resilience Law

Financial Disclosure Financial Regulation Journal Article Regulatory Activities

The Boundaries of Corporate Physical Climate Risk: Definitions and Frameworks

This white paper examines the concept of corporate physical climate risk and how it is reported in company disclosures. First, the paper presents the emerging market of climate analytics and how various firms in this market purport to measure physical climate risk. Next, the paper examines the current state of…

Caroline Cox and Chick HallinanAugust 2, 2024

Energy Regulation Federal Energy Regulation Journal Article State Energy Regulation

Microgrids: Legal Opportunities & Barriers in Tennessee

This white paper examines the opportunities for, and barriers to, microgrids in Tennessee. First, the paper provides an overview of the common features and the typical variations of microgrids. Tennessee does not define “microgrid” in its laws or regulations, but we offer a working definition based on definitions from federal…

Caroline Cox and Victoria SchmitJanuary 12, 2024

Financial Disclosure Financial Regulation Journal Article

Mandating Disclosure of Climate-Related Financial Risk

This article argues that the SEC should strengthen mandatory climate risk disclosure rules. A previous version was released as a report in February 2021.

Madison Condon, Sarah Ladin, Jack Lienke, Michael Panfil and Alex SongJune 7, 2022

Adaptation as Risk Management Energy Regulation Journal Article Risk Management State Energy Regulation

Climate Risk in the Electricity Sector: Legal Obligations to Advance Climate Resilience Planning by Electric Utilities

This article finds that proactive climate resilience planning by electric utilities is required under public utility law and tort law. A previous version was released as a report in December 2020.

Romany Webb, Michael Panfil and Sarah LadinOctober 29, 2021

Energy Regulation Journal Article Risk Management State Energy Regulation

Climate Resilience and Private Law’s Duty to Adapt

This article presents a historical, evidentiary, and normative case for a private tort against public utilities for failure to adjust operational and planning decisions to new conditions brought about by climate change.

Jim Rossi and Michael PanfilAugust 23, 2021

Financial Regulation Journal Article Private Governance Risk Management

Disclosure of Private Environmental Governance Risks

This article argues that the SEC should take action to require better disclosure of private environmental governance risks.

Michael VandenberghJanuary 11, 2021

Journal Article Private Governance Risk Management

The Gap-Filling Role of Private Environmental Governance

This article explains the efficacy of private environmental governance efforts as a gap filling tool for government regulatory regimes.

Michael Vandenbergh, Jim Rossi and Ian FaucherJune 10, 2020

Adaptation as Risk Management Journal Article Risk Management

Climate Risks Are Becoming Legal Liabilities for the Energy Sector

The number of plaintiffs taking energy firms to court for ignoring climate-related risks is growing. By revealing how the sector is not prepared—and not preparing—for what is coming, their cases are pressing the energy sector to treat those risks as a cost of doing business.

Justin GundlachFebruary 17, 2020

Adaptation as Risk Management Environmental Justice Journal Article Risk Management

What Happens When the Green New Deal Meets the Old Green Laws?

This article assesses how the Green New Deal, and particularly renewable energy, will fare under current siting and environmental protection statutory regimes and concludes that for the Green New Deal to success in its renewable energy and infrastructure goals, these regulatory regimes will need to tolerate more streamlined, top-down, preemptive…

J.B. Ruhl and James SalzmanFebruary 4, 2020

Journal Article