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
On June 14, 2024, the Supreme Court of Texas issued a pivotal opinion concerning the actions of the Public Utility Commission of Texas (Commission) during 2021’s Winter Storm Uri. In Public Utility Commission of Texas v....more
In February 2021, winter storm Uri hit Texas, causing a sharp spike in electricity demand that could not be satisfied by available generation resources, resulting in statewide blackouts. Commercial, industrial and residential...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 Sept. 29, 2023, the Supreme Court of Texas announced it will review a lower court’s reversal of two winter storm Uri orders by the Public Utility Commission of Texas (PUCT), which date back to 2021. During the historic...more
On January 5, 2023, the United States Court of Appeals for the Fifth Circuit (the “Fifth Circuit”) vacated a decision from the United States Bankruptcy Court for the Southern District of Texas, Houston Division (the...more
The Public Utility Commission of Texas (Commission) plays a vital role in regulating the Electric Reliability Council of Texas (ERCOT) wholesale market, and retail energy markets throughout all of Texas. This article...more
The Texas winter storm of 2021 put millions without power and caused more monetary damages than any natural disaster to ever hit the State of Texas. The weather completely shut down the state and displaced countless retail...more
On October 21, 2021, the Public Utility Commission of Texas (PUCT) approved a rule that creates requirements for power companies to better prepare for winter weather. The rule stems from the Texas Legislature’s passage of...more
On November 10, 2021, ERCOT held a workshop on Generation Entity Winter Weather Preparedness. At this workshop, ERCOT provided an explanation of its approach to implementing the Public Utility Commission’s Winter Emergency...more
In the aftermath of Winter Storm Uri, the Texas Legislature passed Senate Bill 3, which, among other things, required the Public Utility Commission of Texas (“the Commission”) to adopt certain market-related rules. A key...more
With winter coming, many are questioning whether Texas will be able to avoid another catastrophic loss of power like that experienced during Winter Storm Uri in February 2021. While regulators have known the causes of the...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
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
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
Although many organizations in Texas are still grappling with the impacts from February’s winter storm, hurricane season is right around the corner. Officially, it runs from June 1 to November 30. But due to the steady...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
2022 AG Elections- Former South Dakota Attorney General Steps Back into Contention for AG’s Office- •Marty Jackley, who formerly served as U.S. Attorney for South Dakota, South Dakota AG, and President of the National...more
Texas has proven that a commitment to market solutions and diverse electrical infrastructure can be a recipe for success. Under the restructuring of the power market and initiatives like the competitive renewable energy zone,...more
Responding to the Texas Winter Storm Crisis: Issue 2—Winter storms and wide-area events like the one that recently devastated Texas leave behind challenging questions about business interruption insurance coverage. ...more
The IRS announced that it has extended certain tax return and payment deadlines for those impacted by the Texas winter storms. Texas residents and businesses now have until June 15 to file federal tax returns and make tax...more
Be proactive in considering and protecting potentially applicable attorney-client and work product privileges. Communications during and following crisis should always be examined through a lens of compassion. ...more
Responding to the Texas Winter Storm Crisis: Issue 1 - The world is witnessing yet another dramatic weather event, this time in the southern states, especially Texas. The severe winter conditions in Texas have caused...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
The winter storm that ravaged Texas this week has caused considerable damage and suffering, and it is predicted by some that it will to lead to the largest number of insurance claims resulting from a single event. For a state...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