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Incremental Changes in Soon-to-Be-Released Disclosures Unlikely to Satisfy Advocates

In the coming months, U.S. companies that sell their shares on public stock exchanges will be filing annual reports with the Securities and Exchange Commission (SEC). In part, those SEC filings aim to allow investors to see the company's prospects from management's perspective. In their filings, management describes developments it sees on the horizon that have the potential to affect their companies' operations--and profits.

Resolving Technical Issues to Realize the Promise of Geological Sequestration

Conventional wisdom suggests that the future of coal-fired power generation—from which the United States derives roughly one-half of its power—depends in no small part on the realization of geologic sequestration of carbon emissions in underground formations (for more on this, see Climate Change Deskbook §1.2.3.1.2). Two recent proposals by the U.S. Environmental Protection Agency (EPA) bring this issue to the fore: the Agency’s prevention of significant deterioration (PSD) tailoring rule and its geologic sequestration well rule.

To Bundle or Not to Bundle

California has been struggling with how to implement its requirement that a certain percentage of energy consumed in the state come from renewable (e.g., solar, wind, biomass) sources. So-called renewable portfolio standards (RPSs) have become a popular way for states to try to wean themselves off energy derived from burning fossil fuels, thereby avoiding the resulting carbon dixoide emissions.

Global Warming Litigation and the Ghost of Mrs. Palsgraf: Why Carbon-Heavy Entities Should Be Scared of Both

Any private entity with significant greenhouse gas (GHG) emissions could be identified in the next climate change lawsuit. Filed in 2004 by a coalition of states and land trusts, Connecticut v. American Electric Power was the first major climate change lawsuit identifying private entities as defendants. On September 21, 2009, the U.S. Court of Appeals for the Second Circuit in Connecticut permitted plaintiffs to seek an order capping the carbon dioxide (CO2) emissions of five electric utilities by certain percentages for at least 10 years. Less than a month later, the U.S.