Journal Article – Initiative on Climate Risk and Resilience Law
Energy RegulationJournal ArticleRisk ManagementState 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 RegulationJournal ArticlePrivate GovernanceRisk 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
Michael Vandenbergh, Jim Rossi and Ian FaucherJune 10, 2020
Adaptation as Risk ManagementJournal ArticleRisk 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 ManagementEnvironmental JusticeJournal ArticleRisk Management
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
A Framework for Assessing the Impact of Private Climate Governance
This article reviews private governance initiatives, outlines the prospects of the framework for understanding and guiding private governance and identifies future research priorities for applying this framework
Jonathan Gilligan and Michael BurgerFebruary 1, 2020
Beyond Green Infrastructure – Integrating the Ecosystem Services Framework into Urban Planning Law and Policy
This article discusses the integration of an ecosystem services framework into land use and environmental governance and outlines general principles and guidelines for local policy.
J.B. RuhlJanuary 1, 2020
This article proposes a private standards and certification system to induce media firms to provide more complete and accurate information, which would use a new private fairness doctrine to replace the standard repealed by the FCC, and would bolster the social checks and balances that support the processes of democratic…
Michael VandenberghDecember 6, 2019
This article discusses the problem of cascade failures and how to control them, and the particular governance challenges for strategies to control such failures in the context of large scale social-ecological-technological systems.
J.B. RuhlOctober 18, 2019