Foley & Lardner LLP partner Deanna Reitman was featured on a recent “The Future of Trust with Mat Yarger” podcast episode discussing legal risk in commodities markets, with a focus on the ownership and documentation questions that can determine whether a transaction is enforceable.
Drawing on more than two decades of experience in energy and commodities markets, Reitman highlighted how technical rigor alone is not enough to support a credit or environmental attribute transaction. While carbon and methane standards may include detailed requirements around measurement and verification, buyers must also confirm the seller has the legal right to transfer the asset.
As Reitman emphasized, “You can’t sell something you don’t own.”
Key takeaways from the conversation included:
- Measurement is not ownership.
- Data does not replace deeds, leases, or contracts.
- “Voluntary” markets can still be regulated.
- Cross-border deals may trigger different rules.
- Chain of title remains critical.
Reitman also discussed how satellite imagery, real-time monitoring, and other data tools can strengthen market confidence, while cautioning that those tools do not replace the need for underlying legal documentation.
Listen to the full conversation on Spotify, Apple Podcasts, and YouTube.
