Van Ness Feldman White Paper: Assessing the Risks and Opportunities of Climate-Related Regulation and Litigation for the U.S. Power Sector

October 2018

Utilities and other power sector entities currently face an unsettled landscape for climate policy.  Federal climate policy is uncertain as a result of EPA's plans to repeal and replace the Clean Power Plan, while some states and cities are moving forward with their own policies.  At the same time, major corporate customers are demanding 100% carbon-free energy and investors seek increased disclosure.

This complex landscape carries significant risks for utilities and also potential opportunities if policies require increased electrification of transportation and other sectors.  Understanding and prudently managing these risks and opportunities is essential for power companies, investors, regulators, and the public.

A Van Ness Feldman client commissioned the firm to do an independent analysis of the risks and opportunities for the U.S. power sector from climate-related regulation and litigation. 

A copy of the resulting White Paper – which was authored by Kyle Danish, Gabriel Tabak, and Robin Rotman – is available here.

The White Paper reflects input from multiple stakeholders.  In July 2018, the Center for Strategic and International Studies (CSIS) hosted a workshop about the White Paper.  The workshop gathered representatives of power companies, financial institutions, and environmental non-governmental organizations; former state regulators; and energy policy experts. 

A copy of the CSIS workshop report is available here.

More information about Van Ness Feldman’s climate change and emissions trading practice is available here.