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Originally broadcast: Friday, July 21, 2023

ESG #15: Treaties and international tribunals interpreting and applying those treaties can impact how governments behave and how companies invest, bringing about concrete effects in the real world. Today, international courts are being summoned to answer questions about responsibility and liability for climate change impacts under international law. In December 2022, the Commission of Small Island States on Climate Change and International Law asked the International Tribunal for the Law of the Sea for an advisory opinion. In March 2023, the UN General Assembly asked the ICJ for an advisory opinion on state responsibilities to mitigate climate change. The decisions of these panels could have far-reaching effects, influencing climate change litigation in regional tribunals and national courts. They will shape and maybe accelerate global initiatives to reduce greenhouse gas emissions, to adapt to climate change, and to compensate for losses and damages.

In this newest episode, Milbank partner Viren Mascarenhas speaks with host Allan Marks about what’s at stake in international climate change litigation. They discuss the potential impact of international climate change litigation decisions on economic policies and environmental laws, and explore the complex interrelationships among international courts, multilateral treaties and bilateral investment treaties.

About the Speakers
Viren Mascarenhas is a partner in Milbank’s NY office and a member of the firm’s Litigation & Arbitration Group. He specializes in international arbitration, public international law, and business and human rights. He has nearly two decades of experience acting as counsel in domestic and international arbitration proceedings under the major institutional arbitral rules as well as ad hoc arbitral rules in a broad range of industries, including chemicals, energy (LNG, oil, nuclear, electricity, power, renewables), and mining and metals. He teaches international arbitration at Columbia Law School, is a Fellow of the Chartered Institute of Arbitrators, sits as arbitrator, and has been recognized for his accomplishments in the field by the major directories, including Chambers and Legal 500.

Podcast host Allan Marks is one of the world's leading project finance lawyers. He advises developers, investors, lenders, and underwriters around the world in the development and financing of complex energy and infrastructure projects, as well as related acquisitions, restructurings and capital markets transactions. Many of his transactions relate to ESG and sustainability, innovative clean

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Originally broadcast: Friday, July 21, 2023

What do law students today think about values, workplace culture, technology, privacy, work/life balance, and conflicting opinions? Host Allan Marks explores these issues in a candid, wide-ranging roundtable discussion with five 2023 summer associates at Milbank: Heaven Johnson-Branch; Konstantina Katsimeni; Harrison Makaruk; Isabela Motta; and Vishnu Nagireddy. They also share their experiences and opinions on related, timely topics:

• How new technologies (such as AI and blockchain) and shifting privacy norms will influence the practice of law in the next decade
• What aspiring law students should know about building relationships of trust with mentors and peers
• How law schools succeed or miss the mark in preparing law students for diverse legal careers

About the Speakers:

Heaven Johnson-Branch is a law student at Georgetown University Law Center.

Konstantina Katsimeni is a law student at Columbia Law School.

Harrison Makaruk is a law student at Harvard Law School.

Isabela Motta is a law student at University of Chicago Law School.

Vishnu Nagireddy is a law student at Northwestern University - Pritzker School of Law.

Podcast host Allan Marks is one of the world's leading project finance lawyers. He advises developers, investors, lenders, and underwriters around the world in the development and financing of complex energy and infrastructure projects, as well as related acquisitions, restructurings and capital markets transactions. Many of his transactions relate to ESG and sustainability, innovative clean technologies, and sophisticated contractual risk allocation. Allan serves as an Adjunct Lecturer at the University of California, Berkeley at the Law School and previously at the Haas School of Business.

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The United States Federal Energy Regulatory Commission (FERC) regulates US energy markets. FERC’s latest annual report on key market trends noted falling average prices for natural gas and electricity despite increased demand for both. New renewable energy and storage facilities are coming online at a brisk pace, making the grid cleaner and more efficient. FERC is about to get three new commissioners, who will face challenges of interregional transmission constraints and grid-integration of emerging technologies.

In this new episode, “FERC-alicious: US Energy Market Trends & Regulatory Update,” host Allan Marks speaks with Milbank partner Jenna McGrath. They examine how recent FERC actions are impacting markets. They discuss trends in state and federal energy regulation, the expansion of energy storage to bolster grid stability and reliability, and strategies for alleviating transmission and interconnection bottlenecks for new renewable energy projects. They also assess the three new nominees for FERC Commissioner – Judy W. Chang, David Rosner and Lindsay See – and upcoming FERC actions and rulemaking.

About the Speakers

Jenna McGrath is a partner in the Washington, DC office of Milbank and a member of the firm’s Global Project, Energy and Infrastructure Finance Group. She advises developers, lenders, private equity, utilities and large industrial electricity customers (e.g., data centers and mining operations) on laws and regulations governing development of electric generation and transmission projects, and revenues for wholesale and retail electricity and transmission services.

Podcast host Allan Marks is one of the world's leading project finance lawyers. He advises developers, investors, lenders, and underwriters around the world in the development and financing of complex energy and infrastructure projects, as well as related acquisitions, restructurings and capital markets transactions. Many of his transactions relate to ESG and sustainability, innovative clean technologies, and sophisticated contractual risk allocation. Allan serves as an Adjunct Lecturer at the University of California, Berkeley at the Law School and previously at the Haas School of Business.

For more information and insights, follow us on social media and podcast platforms, including Apple, Spotify, Amazon Music, iHeart, Google and Audible.

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