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    • All HBS Web  (317)
      • Faculty Publications  (38)

      Environmental Law Remove Environmental Law →

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      • October 17, 2022
      • Article

      When Climate Collaboration Is Treated as an Antitrust Violation

      By: Matteo Gasparini, Knut Haanaes and Peter Tufano
      Carbon emissions transcend firms and borders—they are a massive, unpriced externality. Companies across industries are increasingly waking up to the need to cooperate in the fight against climate change but the law might get in the way. Across Europe and the U.S.,...  View Details
      Keywords: Climate Impact; Climate Finance; Antitrust; Anti-trust; Climate Change; Environmental Regulation; Law
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      Gasparini, Matteo, Knut Haanaes, and Peter Tufano. "When Climate Collaboration Is Treated as an Antitrust Violation." Harvard Business Review (website) (October 17, 2022).
      • September 2022
      • Case

      EnergyNow: Powering a New Market

      By: Alexander MacKay and James Barnett
      In August 2022, EnergyNow co-founder and CEO Stuart MacWilliam (MBA 2015) considers the company strategy for building solar panels to provide power in South Africa’s recently deregulated energy market.  View Details
      Keywords: Business Ventures; Development Economics; Energy; Alternative Energy; Energy Generation; Energy Sources; Renewable Energy; Entrepreneurship; Environmental Management; Ethics; Geography; Government and Politics; Energy Policy; Law; Management; Markets; Market Timing; Operations; Energy Industry; Utilities Industry; Africa; South Africa
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      MacKay, Alexander, and James Barnett. "EnergyNow: Powering a New Market." Harvard Business School Case 723-361, September 2022.
      • June 2022 (Revised January 2023)
      • Case

      South Africa – a 'Just Energy Transition'

      By: Richard Vietor
      South Africa, like most other countries, is in the process of reducing its carbon emissions to comply with COP26 and, hopefully, reach net zero emissions by 2050. However, because South Africa relies almost wholly on coal (93%) for electricity, and on coal for...  View Details
      Keywords: Energy; Economic Development; Climate Change; Coal Mining; Emission Reduction; Environmental Regulation; Environmental Sustainability; Environmental Law; Labor and Management Relations; Labor Unions; Natural Resources; Energy Policy; Energy Sources; South Africa
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      Vietor, Richard. "South Africa – a 'Just Energy Transition'." Harvard Business School Case 722-069, June 2022. (Revised January 2023.)
      • April 2022
      • Supplement

      PG&E and the First Climate Change Bankruptcy

      By: Stuart C. Gilson
      Keywords: Chapter 11; Utilities; Liabilities; Restructuring; Insolvency and Bankruptcy; Debt Securities; Legal Liability; Climate Change; Utilities Industry; United States
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      Gilson, Stuart C. "PG&E and the First Climate Change Bankruptcy." Harvard Business School Spreadsheet Supplement 222-714, April 2022.
      • August 2021
      • Case

      Danone S.A.: Becoming a Mission-Driven Company (A)

      By: Benjamin C. Esty and Emilie Billaud
      Emmanuel Faber became CEO of Danone SA, the French food and beverage company, in 2014. Right from the start, he ran the company with a dual commitment to both profit and purpose (i.e., ESG objectives). In fact, in 2018, he said, “It’s time to make sustainable business...  View Details
      Keywords: Business and Stakeholder Relations; Corporate Governance; Leadership; Corporate Social Responsibility and Impact; Mission and Purpose; Environmental Sustainability; Goals and Objectives; Consumer Products Industry; Food and Beverage Industry; France; Europe
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      Esty, Benjamin C., and Emilie Billaud. "Danone S.A.: Becoming a Mission-Driven Company (A)." Harvard Business School Case 722-354, August 2021.
      • 2021
      • Other Unpublished Work

      Obsolescence of the Obsolescing Bargain: Why Governments Must Get Investor-State Contracts Right

      By: Louis T. Wells and Karl P. Sauvant
      Gone are the days when governments could easily renegotiate natural resource and other investment contracts if foreign investors, e.g., reaped bonanzas from rising resource prices, surprisingly rich discoveries, or terms that were too favorable. Today, international...  View Details
      Keywords: Governance; Investment; Contracts; Natural Resources; Negotiation; Global Range
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      Wells, Louis T., and Karl P. Sauvant. "Obsolescence of the Obsolescing Bargain: Why Governments Must Get Investor-State Contracts Right." Columbia FDI Perspectives, No. 298, Columbia Center on Sustainable Investment, February 2021.
      • December 2020 (Revised September 2021)
      • Case

      PG&E and the First Climate Change Bankruptcy

      By: Stuart C. Gilson and Sarah L. Abbott
      In early 2020, the California-based utility PG&E filed a second amended plan of reorganization. PG&E had filed for Chapter 11 bankruptcy in the face of more than $30 billion of legal claims brought against it for its alleged role in causing California wildfires. The...  View Details
      Keywords: Chapter 11; Utilities; Liabilities; Restructuring; Insolvency and Bankruptcy; Debt Securities; Legal Liability; Climate Change; Utilities Industry; United States
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      Gilson, Stuart C., and Sarah L. Abbott. "PG&E and the First Climate Change Bankruptcy." Harvard Business School Case 221-057, December 2020. (Revised September 2021.)
      • March 2018
      • Article

      Polluted Morality: Air Pollution Predicts Criminal Activity and Unethical Behavior

      By: Jackson G. Lu, Julia J. Lee, F. Gino and Adam D. Galinsky
      Air pollution is a serious problem that influences billions of people globally. Although the health and environmental costs of air pollution are well known, the present research investigates its ethical costs. We propose that air pollution can increase criminal and...  View Details
      Keywords: Pollutants; Behavior; Moral Sensibility; Crime and Corruption
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      Lu, Jackson G., Julia J. Lee, F. Gino, and Adam D. Galinsky. "Polluted Morality: Air Pollution Predicts Criminal Activity and Unethical Behavior." Psychological Science 29, no. 3 (March 2018): 340–355.
      • March 2017 (Revised June 2019)
      • Case

      CEO Activism (A)

      By: Michael W. Toffel, Aaron K. Chatterji and Julia Kelley
      This case introduces CEO activism, a phenomenon in which business leaders engage in political or social issues that do not relate directly to their companies. The case uses several examples to describe why business leaders are engaging in CEO activism and the potential...  View Details
      Keywords: Leadership & Corporate Accountability; Environmental And Social Sustainability; Environment; Climate Change; Gender Equality; Communication Strategy; Moral Sensibility; Values and Beliefs; Leadership; Law; Rights; Risk Management; Media; Corporate Social Responsibility and Impact; Religion; Expansion; Strategy; Social Issues; Consumer Products Industry; Electronics Industry; Technology Industry; United States; Indiana; North Carolina
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      Toffel, Michael W., Aaron K. Chatterji, and Julia Kelley. "CEO Activism (A)." Harvard Business School Case 617-001, March 2017. (Revised June 2019.)
      • February 2015
      • Case

      CLP: Powering Asia

      By: George Serafeim, Rebecca Henderson and Dawn Lau
      Richard Lancaster, taking over from Andrew Brandler, was the Chief Executive Officer (CEO) of CLP Holdings Ltd., one of the leading power companies in Asia, with operations in China, Southeast Asia, Taiwan, Australia, and India, and an energy portfolio spanning coal,...  View Details
      Keywords: Energy Generation; Environmental Sustainability; Goals and Objectives; Values and Beliefs; Growth and Development Strategy; Strategic Planning; Energy Industry; Asia; India
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      Serafeim, George, Rebecca Henderson, and Dawn Lau. "CLP: Powering Asia." Harvard Business School Case 115-038, February 2015.
      • October 2013 (Revised November 2016)
      • Case

      Carbon Engineering

      By: Joseph B. Lassiter III and Sid Misra
      Dr. David Keith, President of Carbon Engineering, a company based in Calgary, Alberta, is commercializing a technology to capture carbon dioxide (CO2) from the atmosphere. The company plans to market the captured CO2 to produce low carbon transportation fuels in...  View Details
      Keywords: Entrepreneurship; Government Legislation; Technological Innovation; Climate Change; Environmental Sustainability; Risk and Uncertainty; Research and Development; Transportation; Information Infrastructure; Energy; Forecasting and Prediction; Energy Industry; Green Technology Industry; Industrial Products Industry; Transportation Industry; Utilities Industry; Technology Industry; Canada; United States; China; India
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      Lassiter, Joseph B., III, and Sid Misra. "Carbon Engineering." Harvard Business School Case 814-040, October 2013. (Revised November 2016.)
      • January 2013
      • Case

      Luotang Power: Variances Explained

      By: Robert Simons and Craig Chapman
      The general manager of Luotang Power, a coal-fired power plant located in central China, reviews annual results before a meeting with the board of directors. He thought the company performed well during the year and both plant availability and fuel economy had improved...  View Details
      Keywords: China; Financial Statements; Management Accounting; Variance Analysis; Environmental Regulations; Incentives; Electric Power Generation; Contracts; Valuation; Energy Generation; Accounting; Performance Evaluation; Energy Industry; China
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      Simons, Robert, and Craig Chapman. "Luotang Power: Variances Explained." Harvard Business School Brief Case 913-533, January 2013.
      • December 2012 (Revised November 2014)
      • Case

      W.R. Grace & Co.: Dealing with Asbestos Torts

      By: Stuart C. Gilson and Sarah L. Abbott
      A manufacturer of building products and specialty chemicals, W. R. Grace & Co. filed for Chapter 11 bankruptcy in 2001 in response to a flood of lawsuits alleging that its products contained asbestos, and had caused hundreds of thousands of people to contract...  View Details
      Keywords: Bankruptcy Reorganization; Business Failures; Environmental Regulations; Class Action Lawsuits; Natural Environment; Valuation; Health Disorders; Capital Structure; Restructuring; Lawsuits and Litigation; Chemicals; Crisis Management; Insolvency and Bankruptcy; Legal Liability; Construction Industry; Chemical Industry; United States
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      Gilson, Stuart C., and Sarah L. Abbott. "W.R. Grace & Co.: Dealing with Asbestos Torts." Harvard Business School Case 213-046, December 2012. (Revised November 2014.)
      • August 2012 (Revised September 2013)
      • Case

      EnerNOC: DemandSMART

      By: Michael W. Toffel, Kira Fabrizio and Stephanie van Sice
      EnerNOC is an energy company with an innovative business model: it serves as an intermediary between electric utilities and electricity users. It contracts with electricity users willing to reduce demand during periods of peak energy demand, and sells this as excess...  View Details
      Keywords: Production Planning; Productivity; Environmental Protection; Energy; Environment; Business Government Relations; Laws And Regulation; Business Model; Environmental Sustainability; Innovation and Invention; Opportunities; Risk and Uncertainty; Governing Rules, Regulations, and Reforms; Supply Chain Management; Production; Energy Conservation; Energy Industry
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      Toffel, Michael W., Kira Fabrizio, and Stephanie van Sice. "EnerNOC: DemandSMART." Harvard Business School Case 613-036, August 2012. (Revised September 2013.)
      • Article

      Exclusivity, Contingent Control Rights, and the Design of Internet Portal Alliances

      By: Josh Lerner and Dan Elfenbein
      We explore the relationship between exclusivity and state-contingent control rights using a sample of over 100 Internet portal alliance contracts. We find that stronger exclusivity arrangements are associated with more frequent usage of contingent control rights. For...  View Details
      Keywords: Risk and Uncertainty; Contracts; Governance Controls; Internet and the Web; Ownership
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      Lerner, Josh, and Dan Elfenbein. "Exclusivity, Contingent Control Rights, and the Design of Internet Portal Alliances." Journal of Law, Economics & Organization 28, no. 1 (April 2012): 45–76.
      • August 2011
      • Article

      Coming Clean and Cleaning Up: Does Voluntary Self-Reporting Indicate Effective Self-Policing

      By: Michael W. Toffel and Jodi L. Short
      Regulatory agencies are increasingly establishing voluntary self-reporting programs both as an investigative tool and to encourage regulated firms to commit to policing themselves. We investigate whether voluntary self-reporting can reliably indicate effective...  View Details
      Keywords: Environmental Sustainability; Governing Rules, Regulations, and Reforms; Programs; Governance Compliance; Corporate Disclosure; Law Enforcement
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      Toffel, Michael W., and Jodi L. Short. "Coming Clean and Cleaning Up: Does Voluntary Self-Reporting Indicate Effective Self-Policing." Journal of Law & Economics 54, no. 3 (August 2011): 609–649.
      • September 2010
      • Article

      Making Self-Regulation More Than Merely Symbolic: The Critical Role of the Legal Environment

      By: Jodi L. Short and Michael W. Toffel
      Using data from a sample of U.S. industrial facilities subject to the federal Clean Air Act from 1993 to 2003, this article theorizes and tests the conditions under which organizations' symbolic commitments to self-regulate are particularly likely to result in improved...  View Details
      Keywords: Adoption; Code Law; Environmental Sustainability; Governing Rules, Regulations, and Reforms; Organizations; Governance Compliance; Strategy; Motivation and Incentives; United States
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      Short, Jodi L., and Michael W. Toffel. "Making Self-Regulation More Than Merely Symbolic: The Critical Role of the Legal Environment." Administrative Science Quarterly 55, no. 3 (September 2010): 361–396. (Lead article; Featured in the Stanford Social Innovation Review (Summer 2011) and in Behind the scenes of the Administrative Science Quarterly.)
      • 2010
      • Chapter

      The Paranoid Style in the Study of American Politics

      By: David Moss and Mary Oey
      What drives policy making in a democracy? The conventional view is that political actors, like economic actors, pursue their self interest, and that special interest groups dominate the policy making process by satisfying policy makers' need for money and other forms...  View Details
      Keywords: Policy; Government Legislation; Media; Interests; Power and Influence; Public Opinion; United States
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      Moss, David, and Mary Oey. "The Paranoid Style in the Study of American Politics." In Government and Markets: Toward a New Theory of Regulation, edited by Edward J. Balleisen and David A. Moss. Cambridge: Cambridge University Press, 2010.
      • January 2009 (Revised October 2009)
      • Case

      GLOBALGAP: Food Safety and Private Standards

      By: David E. Bell and Mary Louise Shelman
      In response to new laws governing liability and several food safety scares in the 1990s, European retailers drove the creation of a universal production standard based on Good Agricultural Practices (GAP) for fresh fruit and vegetables and a third-party certification...  View Details
      Keywords: Agribusiness; Food; Governance Compliance; Governing Rules, Regulations, and Reforms; Business and Government Relations; Safety; Agriculture and Agribusiness Industry; Europe
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      Bell, David E., and Mary Louise Shelman. "GLOBALGAP: Food Safety and Private Standards." Harvard Business School Case 509-004, January 2009. (Revised October 2009.)
      • Article

      The Causes and Consequences of Industry Self-Policing

      By: Jodi L. Short and Michael W. Toffel
      Innovative regulatory programs are encouraging firms to police their own regulatory compliance and voluntarily disclose, or "confess," the violations they find. Despite the "win-win" rhetoric surrounding these government voluntary programs, it is not clear why...  View Details
      Keywords: Corporate Disclosure; Governance Compliance; Law Enforcement; Policy; United States
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      Short, Jodi L., and Michael W. Toffel. "The Causes and Consequences of Industry Self-Policing." Yale Economic Review 4, no. 2 (Summer 2008).
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