Environmental Evolutions explores, with host Megan Berge and expert guests, emerging areas and recent developments in environmental law and policy.

For more information or for questions, please reach out to Megan Berge at +1.202.256.0827 or megan.berge@bakerbotts.com. 

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Listen to Recent Episodes:

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• Mitigating Coal Ash Litigation Risks: Finding the Right Pillow for your Sleeping Giant
• In this episode:
  We explore the next chapter in the ongoing regulatory saga of coal combustion residuals (a.k.a. coal ash) and thoughts on preparing for potential enforcement actions under the Biden Administration. Our guest, Kent Mayo, can be contacted at +1.202.255.3753 or kent.mayo@bakerbotts.com.

• The Water Cycle: Regulate, Litigate, Repeal, Repeat, An Interview on WOTUS with Tom Ward of the National Association of Home Builders
• In this episode:
  We explore with Tom Ward, VP of Legal Advocacy for the National Association of Home Builders rulemakings defining “Waters of the United States” and thoughts on how not to be left high and dry in the Biden Administration. More information on the regulations discussed in the episode are available on EPA's webpage at https://www.epa.gov/nwpr.

• Climate Day! Cliffs Notes for the Climate Executive Orders
• In this episode:
  We provide cliffs notes for the three executive orders signed by President Biden today, January 27, 2020. This episode is the first in our “fast facts” series, which aspires to breakdown recent developments and convoluted issues in 15 minutes or less. For a deeper dive on the orders, please contact, Megan Berge. The executive orders are available at whitehouse.gov, and you can watch the White House briefing on the orders on C-Span. Finally, as promised in the episode, our most recent webinar on environmental justice activities is available on bakerbotts.com. The upcoming webinars are scheduled for February 18th and March 11th, visit the linked pages to register. 

• Rules of the Road for Enforcement in the Biden Administration
• In this episode:
  In this episode: Partners, Jeff Wood, and, Megan Berge, explore the rule of the road for environmental enforcement actions and how they may shape the implementation of the Biden Administration’s enforcement priorities. The Department of Justice materials discussed in this episode are available at justice.gov/criminal-fraud/page/file/937501/download and justice.gov/jm/justice-manual. 

• Clean Energy Carrots: Carbon Capture Use and Storage
• In this episode:
  Host, Megan Berge explores new incentives and potential policy initiatives for broadening deployment of carbon capture use and storage (CCUS), both domestically and internationally, with tax partner, Barbara De Marigny, and environmental partner, Aileen Hooks. The website discussed in the episode, the Global CCS Institute, is available at globalccsinstitute.com. Aileen and Barbara would be happy to answer any further questions about CCUS permitting or tax credits.

• California: Get your hydrogen tax credits; get your hydrogen tax credits here!
• In this episode:
  In this Fast Facts episode, California tax partner Will Gorrod and host Megan Berge highlight key elements of the clean hydrogen tax credit bill recently introduced in the California legislature by Assemblyman Freddie Rodriguez—AB1312. The bill is the first of its kind in the nation.

• Climate Claims Come to the Federal Trade Commission
• In this episode:
  In this fast facts episode, former acting chairman and commissioner of the FTC Maureen Ohlhausen and host Megan Berge discuss environmental groups’ FTC petition alleging that a fossil fuel company mislead customers on the climate and environmental impacts of its operations.

• PFAS Regulation and Litigation Are Coming Pretty FASt
• In this episode:
  Host Megan Berge and partners Stephanie Bergeron Purdue, formerly Deputy Executive Director at the Texas Commission on Environmental Quality (TCEQ), and Alexandra Dapolito Dunn, formerly the Assistant Administrator for the U.S. Environmental Protection Agency's (EPA) Office of Chemical Safety and Pollution Prevention, discuss the latest developments in the regulation of and litigation about the Per or Poly-Fluoroalkyl Substances that are known as PFAS or PFOA.

• Holy Renewable Energy Transmission Project Loans, Batman!
• In this episode:
  In this installment of our Fast Facts series, host Megan Berge provides a quick rundown of the recently announced availability of more than $8 billion in loans for renewable energy transmission projects.

• Follow the ESG Road: The Next Step (and the Next) on the SEC ESG Path
• In this episode:
  Partner Bridget Moore and host Megan Berge discuss President Biden’s May 20 Executive Order on Climate-Related Financial Risks and what companies subject to disclosure requirements need to know now.

• California 101 - Fast Facts on California's Air Regulatory Regime
• In this episode:
  Ever wonder where the authorities of the California Air Resources Board end and the authorities of the Air Quality Management Districts begin? In this fast facts episode, California special counsel Julie Cress and partner Megan Berge provide a primer on California's air regulatory regime.

• A Practical Conversation on Environmental Justice
• In this episode:
  Host Megan Berge talks with partners Lily Chinn and Nadira Clarke about their practical guidelines for helping companies develop or redevelop their approach to environmental justice.

• PFAS! Part Deux
• In this episode:
  Learn about the latest developments in PFAS regulation and litigation, as well as issues likely to emerge in 2022. Host Megan Berge is joined by partners Alexandra Dunn and Stephanie Bergeron Perdue for an update to their April podcast, PFAS Regulations and Litigation Are Coming P(retty)FAS(t).

• Why You Should Care About New Jersey's New Environmental Justice Statute
• In this episode:
  Host Megan Berge speaks with Baker Botts attorney Scott Novak about the latest developments in the implementation of this groundbreaking state statute and what it could mean for other states and federal legislation.

• Fast Facts on FERC Developments
• In this episode:
  Baker Botts Partner Emil Barth joins host, Megan Berge, to discuss the recent certificate policy statement that sets forth the factors it will apply in assessing applications for new natural gas infrastructure. Megan and Emil will also review the interim greenhouse gas policy statement which focuses on how FERC will assess significance from greenhouse gas emissions going forward and how it will count those emissions.

• Carbon Offsets Q & A
• In this episode:
  Host and Baker Botts partner, Megan Berge, and Director of Program Development at ClimeCo, Lauren Mechak, answer the questions: What is a carbon offset? What makes a high quality offset? And, what is the process for originating offsets?

• They’re Heeeeere! Fast Facts on the SEC’s Proposed Climate Disclosure Regulations
• In this episode:
  Host Megan Berge is joined by white collar defense Partner Sterling Marchand to provide a run down of the key elements of the SEC’s newly proposed climate disclosure regulations. The proposed regulations are available on the SEC website: https://www.sec.gov/rules/proposed/2022/33-11042.pdf. The SEC is accepting comment on them through May 20, 2022.

• All Things Chemical: A Conversation with Alex Dunn
• In this episode:
  We showcase another podcast called All Things Chemical. It recently featured Baker Botts Partner, Alex Dunn, in an episode exploring everything from changes in EPS approach to the Toxic Substances Control Act (TSCA) to the Federal Insecticide, Fungicide and Rodenticide Act known as FIFRA and what's coming next in this area. Alex is the immediate past Assistant Administrator of the U.S. Environmental Protection Agency’s (EPA) Office of Chemical Safety and Pollution Prevention (OCSPP). More importantly, Alex is a repeat guest  on Environmental Evolutions.

• PFAS in Your Products? This Pod's for You
• In this episode:
  Host Megan Berge talks with partners Josh Frank and Alexandra Dunn about a new litigation trend – consumers bringing lawsuits against companies for not disclosing that certain per- and polyfluoroalkyl substances (PFAS) are in their products. Recent cases impact fast food, cosmetic, grocery, garment, and are determined to be in their fast food wrappers, cosmetics, or clothing. Resource links, including a quick reference chart of recent cases, are below. 

• Environmental Justice: Audits, Data, and Disclosures, Oh My!
• In this episode:
  Host Megan Berge, with partners Anne Carpenter and Alexandra Dunn, explores the intersection of three key movements affecting companies, their boardrooms, their employees, and customers: Environmental Justice (EJ), Environment, Social, Governance (ESG), and the Securities and Exchange Commission’s (SEC’s) focus on climate disclosure. Their timely discussion touches developing measurable sustainability goals, integrating ESG and other equity considerations, and leveraging existing sources of data and information.
  
  
• Changes are Coming to the California LCFS
• In this episode:
  Host Megan Berge and Special Counsel Julie Cress review the California Air Resource Board’s first steps in amending the low carbon fuel standard. Materials from the Board’s first workshop on the LCFS is available through CARB.
  
  
• Top Five Energy Transition Tax Benefits in the Inflation Reduction Act
• In this episode:
  Host Megan Berge turns the mic over to energy transition tax partner Barbara de Marigny. Barbara provides a rundown of the five Inflation Reduction Act tax benefits that she is most excited about.
  
  
• Getting Ready for the Final CEQ Carbon Capture Guidance
• In this episode:
  Partner Aileen Hooks joins host Megan Berge to discuss forthcoming final guidance from the White House Council on Environmental Quality on carbon capture utilization and storage.
  
  
• Inflation Reduction Act Wins For Wind (And Solar): Your 15 Minute Rundown
• In this episode:
  Host Megan Berge turns the microphone over to tax partner, Mike Bresson, to provide a 15 minute rundown on the opportunities the recently promulgated Inflation Reduction Act provides for wind and solar and the implementation to-do list facing the IRS.
  
  
• New Signals on California's LCFS Amendments
• In this episode:
  Environmental attorney Julie Cress updates host Megan Berge on new signals from the California Air Resources Board on the future of fuels made from crop-based feedstock (e.g., renewable diesel) and renewable natural gas under the Low Carbon Fuel Standards Program, which is responsible for spurring billions of dollars of clean energy investments.
  
  
• The Treasury Gives Guidance on the IRA & a Holiday Gift From the Baker Botts Tax Team
• In this episode:
  Energy transition tax partner Barbara de Marigny, joins host Megan Berge to discuss recent Inflation Reduction Act (IRA) implementation guidance issued by the Department of the Treasury.
  
  
• What We are Watching in 2023
• In this episode:
  Host Megan Berge asks a cross section of Environmental, Safety, and Incident Response partners from a variety of offices one important question: what issue or issues is on their mind for 2023?
  
  
• It's Last Call for California's Update to the Advanced Clean Fleets Regulations
• In this episode:
  Environmental attorney Julie Cress updates host Megan Berge on the California Air Resources Board’s upcoming adoption of the Advanced Clean Fleets Rule.

• Greenhouse Gas Standards for Power Plants: The Origin Story
• In this episode:
  Host Megan Berge takes the mic to provide a brief overview of the statutory basis for and origin story of EPA’s newly proposed greenhouse gas performance standards for existing coal-fired plants and new and existing gas-fired plants.

• Environmental Sustainability of Cryptocurrency with CMSSA President Cameron Rafati
• In this episode:
  Host Megan Berge is joined by partner Allison Watkins Mallick and Cryptocurrency Mining and Staking Sustainability Association President Cameron Rafati to discuss the future of sustainable digital currencies.

• Carbon Markets Creating Value Today and in the Future
• In this episode:
  Host Megan Berge is joined by Partners Jason Bennett and Tom Holmberg to discuss the importance of data, scrutiny and integrity while creating value in carbon markets.

• Fiscal Responsibility Act of 2023: Debt Deal or Infrastructure Dealmaker
• In this episode:
  Host Megan Berge is joined by Baker Botts lawyers Jeff Wood and Tom Jackson to explore the Fiscal Responsibility Act of 2023. They'll dive into the key provisions aimed at approving federal energy and infrastructure permitting procedures, as well as the NEPA reforms included in the new law.

• Fast Facts on EPA's Sweeping Expansion of its Coal Ash Regulations
• In this episode:
  Host Megan Berge hands the reigns over to Partners, Kent Mayo and Martha Thomsen to discuss the EPA’s proposed legacy rule.

• Attention Voluntary Carbon Market Participants, the CFTC Has Entered the Building
• In this episode:
  Partner Michael Loesch discusses the CFTC's growing interest in the increasingly crowded but thus far largely unregulated field of voluntary carbon offsets.  

• Move over SEC, the California Legislature has Passed Landmark Climate Disclosure Laws
• In this episode:
  Host Megan Berge provides quick hits on bills passed by the California  legislature last week that will require public and private companies “doing business” in California to file climate risk disclosures beginning as soon as 2026.

• California Climate Disclosure Laws Part II: Are you "Doing Business in California?"
• In this episode:
  Host Megan Berge turns to San Francisco tax partner Will Gorrod to break down legislative clues to help answer what it means to be “Doing Business in California.”

• The Loper Bright & Relentless Arguments a.k.a Supreme Court Nerd Heaven
• In this episode:
  Partner Aaron Streett, Chair of our Supreme Court practice, breaks down the Supreme Court arguments in Loper Bright and Relentless, and the fate of Chevron.  

• What We Are Watching in 2024
• In this episode:
  Host Megan Berge asks a cross section of Environmental, Safety, and Incident Response lawyers from a variety of offices one important question: what issue or issues is on their mind for 2024?

• SEC's Final Climate Disclosure Regulations: You Know What's Out, This is What's In
• In this episode:
  In this fast facts episode, Washington D.C. partner Sterling Marchand takes over the episode to discuss the SEC’s landmark climate risk disclosure regulations. Given the numerous stories about what did not make it into the final rule, Sterling focuses on what made it in. 

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The Baker Botts Environmental, Safety and Incident Response Team advances and protects its clients’ interests during the permitting process, before regulatory agencies, in the courtroom, and when a crisis hits. Our lawyers bring sound commercial judgment to our clients’ most challenging environmental matters, along with a deep understanding of the varied legal, technical and policy issues that they face.

ABOUT BAKER BOTTS L.L.P.
Baker Botts is an international law firm whose lawyers practice throughout a network of offices around the globe. Based on our experience and knowledge of our clients' industries, we are recognized as a leading firm in the energy, technology and life sciences sectors. Since 1840, we have provided creative and effective legal solutions for our clients while demonstrating an unrelenting commitment to excellence. For more information, please visit bakerbotts.com.