Flood Basics still causing pain for some
Climate-Proofing Our Infrastructure: Building Climate Resilience with the Army Corps of Engineers
The Calm Before and After the Storm: How to Maximize Insurance Recovery for Catastrophic Weather Events
Law Brief®: David Pfeffer and Richard Schoenstein Discuss the Legal Implications of Infrastructure Collapses
Employer Responsibilities During the Texas Winter Storm
Filing Insurance Claims After the Texas Winter Storm
Hurricane Season Begins
The United States Department of Energy (“DOE”) issued to Duke Energy Carolinas, LLC (“Duke”) an Emergency Order (“EO”) to what is described as potential grid shortfall issues in the southeast United States. See Department of...more
On May 15, 2025, the FERC’s Office of Energy Policy and Innovation, in coordination with the Office of Electric Reliability, released their 2025 Summer Energy Market and Electric Reliability Assessment, highlighting key...more
In re Luminant Generation Company LLC et al is a bitter pill for the litigation hangover from Winter Storm Uri. Takeaway: Texas does not recognize a legal duty owed by wholesale power generators to retail customers to provide...more
On June 15, 2023, FERC issued two final rules aimed at boosting bulk power system resilience by improving how grid operators assess and plan for extreme weather impacts to the transmission system. One rule directs NERC to...more
On February 16, 2023, FERC approved two new extreme cold weather Reliability Standards—EOP-011-3 (Emergency Operations) and EOP-012-1 (Extreme Cold Weather Preparedness and Operations)—filed by the North American Electric...more
During the 87th regular legislative session, the Texas Legislature passed several bills to address energy-related issues resulting from Winter Storm Uri. Together, the legislation required an overhaul of the ERCOT board of...more
The Federal Energy Regulatory Commission's ("FERC") Office of Electric Reliability and Enforcement and the North American Electric Reliability Corporation ("NERC") staff presented a series of findings and preliminary...more
On August 24, 2021, the Federal Energy Regulatory Commission ("FERC") approved new cold weather electric reliability standards proposed by the North American Electric Reliability Corporation ("NERC"). The standards will apply...more
Beginning on February 13, 2021, something unprecedented happened in the state of Texas—a winter storm caused temperatures to dip well-below freezing. This event, dubbed the “Black Swan Winter Event,” caused Texas to...more
The winter storm that descended on Texas in February 2021 is a reminder of why organizations should assess their strategy and operations to manage and mitigate risk before chaos ensues....more
After Winter Storm Uri devastated the ERCOT grid, calls for industry reform rang out across the state of Texas. For the past few months, public hearings and floor debates have considered wide-ranging proposals to harden the...more
Many advanced reactor developers are designing their technologies to pair with renewables. A recent report from the North American Electric Reliability Corporation (NERC), the government entity responsible for overseeing...more
Starting in late February, over 2.7 million Texas households were left without energy and over 100 people died as a severe winter storm caused a series of rolling blackouts across Texas, drawing national attention to the...more
The Federal Energy Regulatory Commission (FERC) has invited public comment by April 15, 2021, on its recently opened proceeding (Docket No. AD21-13-000), which FERC has stated "will examine how grid operators prepare for and...more
Some may call the winter storm that descended on Texas a “black swan” event, but it may in fact be a “perfect storm” born out of existing market dynamics that could’ve been avoided....more
FERC announced on February 22 that it will open a new proceeding to examine the threats of climate change and extreme weather to electric reliability. The investigation will assess how grid operators prepare for and respond...more
The winter storm that recently hit Texas has caused more power outages and damage to the electric grid than any storm in decades. However, extreme weather events have hit other regions of the U.S. more recently, and Texas may...more
Legal, legislative, and procurement issues related to this week’s widespread failures of the Texas power grid have and will continue to result in significant losses for numerous businesses and individuals in Texas and...more
Following a week of extremely cold temperatures which caused millions of Texans to be without power, in some cases for longer that three days, the Federal Energy Regulatory Commission (FERC) announced that it will be...more
The Insanity is Over: ‘Navigable’ Now Means ‘Navigable’ Again - "The Trump administration has now announced that the intentionally ambiguous and easily abused Waters of the United States Rule has been replaced by the new,...more
Solar Tariffs Bring Cloudy Skies in The Short Term, But Set to Clear In the Not-So-Distant Future - Last week, the Trump administration issued its long-awaited decision on a high-profile trade case, imposing 30% tariffs on...more
Earlier this month, U.S. Energy Secretary Ernest Moniz released a report presenting the Department of Energy’s (DOE) assessment of expected regional energy sector vulnerabilities to climate change. The report highlights...more