Panfil acknowledges that the report’s conclusion is “novel,” but also says “the novelty is one that doesn’t depart from core legal obligations and longstanding understandings of our legal system.”
“To the extent there are obligations and requirements that entities avoid harm [and] reasonably consider risk, climate change should be no different,” Panfil said.
Public utility law “obligates electric utilities to meet, among other things, prudent investment, safe and adequate service, and reliability standards,” and tort law requires electric utilities to “avoid foreseeable harm when performing acts that could injure others, EDF’s report says. A. The group concluded that now includes climate change, as the consequences “become ever-more pronounced and pervasive.”
