Carbon Capture, Utilization, and Storage: Ethical Issues Under the Model Rules of Professional Conduct Involving Credits for CCUS and Greenwashing

Two partners at Norton Rose Fulbright in Houston examine legal professional responsibility and ethics issues related to CCUS development under the ABA Model Rules of Professional Conduct, including issues of “greenwashing” and other climate disclosure obligations.

Credit(s)

1

CO Approval ID

841272

Original Program Date

March 8, 2024

Duration

55 minutes

A significant gray area exists between legitimate carbon reduction and what has been termed “greenwashing” – conveying a false impression as to the environmental sustainability of a corporate practice. This presentation will examine the legal and ethical obligations of project developers and their counsel related to carbon markets and climate disclosures, including those required by the SEC. In addition to the social license and other business risks, the speaker will focus on the ethical implications of greenwashing and inaccurate disclosures for attorneys under the ABA Model Rules of Professional Conduct.

Speakers

Credits

Materials

1 CLE Credit – Approval ID: CO ID - 841272

This course has been accredited for CLE credit in Colorado. CLE credit hours shown are for Colorado only. A CLE course number for Colorado will be provided to attendees on their certificates of attendance once a course has been completed. New Mexico attorneys who complete a course must notify us (cle@rmmlf.org) because we are required to report credits for you. If this course has been approved for RPL/CPL credit with the American Association of Professional Landmen (AAPL), the credits will be listed below in a separate section for AAPL. If applicable, Component Codes for AAPL recertification will also be provided. Please contact RMMLF if you need independent verification by the provider of your attendance or participation for CLE purposes. Except as provided above, RMMLF generally does not apply for accreditation from any other MCLE/CPD organizations for its online legal education program. Upon completion of a program a certificate of attendance will be issued to all attendees. Except as provided above, attendees must verify with their respective state bars and CPD organizations and their specific rules as to whether or not the certificate of attendance will be recognized by that body for MCLE/CPD purposes, and the number of CLE/CPD credits that may be available. The live presentation of the on-demand program has been accredited in most mandatory states as part of a larger course, but such accreditation does not assure recognition of the on-demand program.

CAILEEN KATERI GAMACHE, a Partner at Norton Rose Fulbright in Houston, Texas, works with project developers, investors, utilities and commercial and industrial consumers to find solutions to complex energy regulatory issues, develop ideas into operational projects, draft and negotiate virtual and physical power purchase agreements (PPAs), interconnection, development and other material contracts and close deals. She routinely represents clients before the Federal Energy Regulatory Commission (FERC), the North American Electric Reliability Corporation (NERC), state regulatory agencies, Regional Transmission Organizations (RTOs) and Independent System Operators (ISOs) on matters arising under federal and state statutes and implementing regulations, including the Federal Power Act, the Natural Gas Act, the Natural Gas Policy Act, the Public Utility Regulatory Policies Act, the Public Utility Holding Company Act and the Energy Policy Act of 2005.

RACHEL ROOSTH is a Partner at Norton Rose Fulbright in Houston, Texas. Her practice focuses on complex commercial litigation, arbitration, and ESG risk advisory. Her clients include individuals and companies from the healthcare, insurance, energy, construction, and financial services industries. Rachel's litigation and arbitration practice encompasses matters involving contract, construction, insurance, employment, and fiduciary law. Rachel has advised clients on the formation, modification, and termination of their internal and external business relationships. She has advised on employment and severance agreements for highly-paid professionals. She has defended and prosecuted claims related to corporate governance and executive employment, including breach of contract, breach of fiduciary duty, and oppression of minority interest holders. She has handled a variety of contract disputes, including disputes related to LLC, vendor, earnout, employment, confidentiality, independent consultant, and asset purchase agreements. Rachel also advises clients on mitigating litigation risks related to environmental sustainability, human rights, and ESG reporting. Rachel also collaborates with domestic and international colleagues to offer clients a multidisciplinary approach to addressing legal ESG concerns. Rachel focuses on understanding and attaining the client's objective, whether the objective is to avoid litigation, obtain a favorable settlement, vindicate the client's rights before a tribunal, or resolve a dispute through a mutually-beneficial business solution. Rachel frequently presents Continuing Legal Education courses to attorneys, including courses on ESG, oral advocacy skills, attorney ethics, and the attorney-client privilege.