Holding Polluters Accountable in Times of Climate and COVID Risk: The Problems With “Emergency” Enforcement Waivers
This abstract is adapted from Victor B. Flatt, Holding Polluters Accountable in Times of Climate and COVID Risk: The Problems With “Emergency” Enforcement Waivers, 12 San Diego J. Climate & Energy L. 1 (2021), and used with permission.
Comment on Rethinking Grid Governance for the Climate Change Era
In Rethinking Grid Governance for the Climate Change Era, Prof. Shelley Welton makes a compelling case for why “U.S. grid governance must be redesigned to accommodate a new era of regulatory priorities that include responding to climate change.” As the operators of regional electricity markets and managers of the transmission grid, Regional Transmission Organizations (RTOs) “must play a pivotal role” in achieving clean electricity goals.
The Organized Wholesale Market Improvement Paradox
This Comment is based on Tom Hassenboehler’s remarks at the 2021-2022 Environmental Law and Policy Annual Review conference, available at https://www.eli.org/ environmental-law-policy-annual-review/2021-2022-ELPAR-conference.
Rethinking Grid Governance for the Climate Change Era
One central but under-scrutinized way that fossil fuel companies impede the clean energy transition is by essentially running the United States’ electricity grid, writing its rules to favor their own private interests. In most of the country, the electricity grid is managed by Regional Transmission Organizations (RTOs). RTOs are private membership clubs in which incumbent industry members make the rules for electricity markets and the electricity grid through private mini-democracies—with voting privileges reserved for RTO members—under broad regulatory authority.
Director Engagement: Necessary for ESG Success
Leo Strine, Kirby Smith, and Reilly Steel make an important contribution to the corporate governance literature.
Board Oversight in ESG—Evolving Trends in the Era of Increasing Disclosure Requirements
In Caremark and ESG, Perfect Together: A Practical Approach to Implementing an Integrated, Efficient, and Effective Caremark EESG Strategy, Leo Strine and co-authors frame a board’s duty of oversight for environmental, social, and governance (ESG) issues in light of the common-law duties articulated under Caremark. The landmark Caremark decision articulated that corporations and their directors have a duty to implement and monitor compliance programs to ensure that the company honors its legal obligations.