Environmental Evolutions

Scott Novak interviews Georgetown Law professor Vicki Arroyo, the former EPA Associate Administrator for Policy under the Biden administration. They discuss Vicki's career, EPA's major accomplishments during her time at the agency, and her thoughts on EPA's new policy priorities.   This episode was recorded on March 24, 2025.

Linn Bumpers and Scott Novak host a thought-provoking discussion with Shai Sahay and Jeff Wood on the changing dynamics of environmental law and policy under the Trump administration's second term. The episode explores the implications of new executive orders and their potential impact on energy projects, environmental enforcement, and regulatory frameworks.

In this episode, host Megan Berge talks to long time NEPA practitioner Tom Jackson about the D.C. Circuit's recent decision shaking the foundation of National Environmental Policy Act regulations across federal agencies. The decision is available here. Please reach out to Tom if you have questions about the decision's potential impact on current or planned projects or funding requests.

In this fast facts episode, Washington DC 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.  A written summary of the rule can be found at bakerbotts.com, and our fast facts podcast discussing the proposed regulations can heard here. If you have questions about today's podcast, contact Sterling Marchand.  

In today's episode, Megan 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? As a bonus, each lawyer shared one fun fact about themselves so that you can learn a little bit more about the amazing people at Baker Botts. Learn even more about our repeat guests! For further information on these topics or suggestions for future episodes, please email Megan at megan.berge@bakerbotts.com. 

Couldn't spare three hours to listen to the Supreme Court arguments in Loper Bright and Relentless, but wondering about the fate of Chevron deference? Aaron Streett, Chair of our Supreme Court practice, breaks it down for you. More information on the cases is available here: Loper Bright: supremecourt.gov Relentless: supremecourt.gov If you have questions about appellate strategy, reach out to Aaron.

In the previous episode “Move over SEC, the California Legislature has Passed Landmark Climate Disclosure Laws” host Megan Berge provided quick hits on Senate Bills 253 (the Climate Corporate Data Accountability Act) and 261 (the Climate Related Financial Risk Act). In this episode Megan 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.”

In preparation for Thanksgiving, host Megan Berge is joined by managing partner, Danny David for a brief episode sharing what we at Baker Botts are Thankful for this holiday season—spoiler alert, it is all of you! We wish everyone a safe, happy, and email-free holiday. Thank you for being our clients and listeners. 

In this episode, host Megan Berge provides quick hits on California Senate Bills 253 (the Climate Corporate Data Accountability Act) and 261 (the Climate Related Financial Risk Act). Each bill is focused on greenhouse gas emissions and companies' financial risks from climate change. Listeners interested in reviewing Senate Bills 253, the Climate Corporate Data Accountability Act, and 261, the Climate Related Financial Risk Act, can find them at https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240SB253 and https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240SB261. For more information or answers to questions on the bills, please contact Megan Berge.

Does a mix of law, politics, and sticky situations sound intriguing to you? Then join me for the inaugural episode of Lawful influence – a new podcast hosted by Baker Botts Partner Sterling Marchand. Check it out! Lawful Influence pulls back the curtain on legal issues in the world of campaign finance and lobbying, as there's no escaping the political influences that impact your bottom line. If this sounds like something you might be interested in – keep listening and subscribe to Lawful Influence on your favorite platform below. bakerbotts.com Podbean Apple Spotify IHeartRadio Google

In today's episode, Partner Michael Loesch discusses the CFTC's growing interest in the increasingly crowded but thus far largely unregulated field of voluntary carbon offsets. The stakes associated with climate-related speech have never been higher as government agencies and activists alike are taking a hard look at how to provide existing regulatory and legal tools to carbon markets.  Link to whistleblower alert issued by the CFTC.  

On today's episode, Megan Berge hands the reigns over to Partners, Kent Mayo and Martha Thomsen to discuss the EPA's proposed legacy rule. A link to the rule is below and the comments close on Monday July 17th. If you have questions about the proposed rule and its implications for your business, please contact Kent or Martha. Federalregister.gov

On this episode of the Environmental Evolutions Podcast, Megan Berge is joined by 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.  The link to the law is below and if you have questions for Tom or Jeff, please contact them directly. The final version of Public Law No. 118-5: https://www.congress.gov/118/bills/hr3746/BILLS-118hr3746enr.pdf). 

On 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. For more information, reach out to Jason or Tom or visit bakerbotts.com.

On this episode, Partner and 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. Covering everything from energy sources, grid stability, and permitting this episode dives into the regulations, impacts and innovations of cryptocurrency in today's world. For more information, reach out to Allison or visit bakerbotts.com

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. A fast facts episode covering the guidelines will follow soon.  Greenhouse Gas Standards and Guidelines for Fossil Fuel-Fired Power Plants | US EPA

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. This rule has broad impacts across the medium and heavy duty transportation sector in California and is another part of California's aggressive push to electrify the transportation sector. More information on the rulemaking and how to get involved is available on the CARB website. Please contact Julie for more information on California's mobile source regulations. Links to Julie's past episodes: Changes are Coming to the California LCFS New Signals on California's LCFS Amendments

In today's episode, Megan 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 2023? As a bonus, each lawyer shared one fun fact about themselves so that you can learn a little bit more about the amazing people at Baker Botts. For further information on these topics or suggestions for future episodes, please email Megan at megan.berge@bakerbotts.com. 

In this episode, energy transition tax specialist, partner Barbara de Marigny joins host Megan Berge to discuss recent Inflation Reduction Act (IRA) implementation guidance issued by the Department of the Treasury. Barbara also explains the finding tool released by the Baker Botts tax team to help companies search comment letters submitted to the Treasury on potential IRA implementation guidance. The notice is available at federalregister.gov and the finding tool is housed on bakerbotts.com. If you have tricky energy transition tax question, you can contact Barbara. For more information on the IRA, listen in to these Environmental Evolutions episodes: Mike Bresson covering wind and solar, and Barbara de Marigny covering tax benefits.

In this episode, environmental attorney Julie Cress updates host Megan Berge on new signals from the California Air Resources Board on the of future biodiesel and renewable natural gas under the Low Carbon Fuel Standards Program, which is responsible for spurring billions of dollars of clean energy investments.  More information on the Board's LCFS workshops is available on the CARB website. Please contact Julie for more information on California's LCFS program.

In this episode, host Megan Berge, turns the microphone over to tax partner, Mike Bresson to provide a 15 minute run down on the opportunities the recently promulgated Inflation Reduction Act provides for wind and solar and the implementation to-do list facing the IRS. Located in our Houston office, please contact Mike with your tax questions.

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. Please reach out to Aileen can be reached for questions and the draft guidance is available here: federalregister.gov.

In this episode, host Megan Berge turns the mic over to energy transition tax specialist, partner Barbara de Marigny. Barbara provides a rundown of the five Inflation Reduction Act tax benefits that she is most excited about. If you have tricky energy transition tax question, you can contact Barbara.

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. If you have questions about the LCFS, you can contact Megan Berge or Julie Cress. Julie is a returning guest from our California 101 episode, a primer on California's air regulatory regime.

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. Baker Botts EJ and ESG resources can be found at: https://www.bakerbotts.com/services/practice-areas/environmental-social-governance-esg/environmental-justice https://www.bakerbotts.com/services/practice-areas/environmental-social-governance-esg   Information on the SEC's Climate Disclosure Proposal can be found at: https://www.bakerbotts.com/thought-leadership/publications/2022/march/sec-proposes-historic-sweeping-disclosures-of-climate-related-risks Listen to Our Podcast on the SEC Climate Disclosure Proposal: https://www.bakerbotts.com/thought-leadership/publications/2022/march/environmental-evolutions-fast-facts-on-the-secs-proposed-climate-disclosure-regulations

In an episode ripped from the headlines, antitrust partner Joe Ostoyich joins host, Megan Berge, to discuss recent articles questioning whether ESG violates antitrust laws.  If you have questions, Joe's contact information is available through his bio at the link above and more information on our Antitrust practice is available at bakerbotts.com.

In this episode, host Megan Berge talks with partners Josh Frank and Alexandra Dunn about 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.  For questions, please reach out to Alex Dunn or Josh Frank.  https://www.atsdr.cdc.gov/pfas/health-effects/exposure.html https://www.fda.gov/food/chemical-contaminants-food/questions-and-answers-pfas-food Recent cases reference chart

In today's episode, we're showcasing 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 here on Environmental Evolutions.

In this fast facts episode, host Megan Berge is joined by white collar litigation 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. A client alert with further information is available at bakerbotts.com.   Sterling's practice focuses on complex litigation in federal and state courts, including environmental, climate change, and commercial matters. He also assists corporate clients across a variety of industries with internal investigations, compliance, and white-collar criminal defense. If you have questions on the proposed climate disclosure regulations, please reach out to Sterling. 

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? If you have questions about originating carbon offsets or carbon offset brokerage, Lauren can be reached at lmechak@climeco.com. ClimeCo is a global, full-service advisor, transaction facilitator, trader, and developer of environmental commodities and sustainability solutions.

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.   If you have questions, Emil's contact information is available through his bio at the link above and for more information on our Energy Regulatory practice is available at bakerbotts.com.

Why should you care about New Jersey's new environmental justice law? 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. Listen in!   If you have questions about environmental justice or the New Jersey law, please contact Scott. The map discussed in today's episode is available at njdep.maps.arcgis.com. Finally, bakerbotts.com/ACELAS is a great resource for companies getting started with their environmental justice plans.

Tax associate Ali Foyt joins host Megan Berge to share her top five insights from her recently completed 50-state survey of hydrogen state tax incentives.  Ali's contact information is available through her bio at the link above and more information on our innovative tax practice is available at bakerbotts.com. 

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 Alex Dunn and Stephanie Bergeron Perdue for an update to their April podcast, “PFAS Regulations and Litigation Are Comping P(retty)FAS(t).

In this episode, host Megan Berge talks with partners Lily Chinn and Nadira Clark about their practical approach to helping companies develop or redevelop their approach to environmental Justice. More information, including videos, on the framework Nadira and Lily developed for in-house counsel is available at bakerbotts.com/ACELAS.    EJ Mapping Tools: CaliforniaCalEnviroScreen was in development for over a decade before it was first released in 2013.  Current version 3.0 was last updated in July 2018 and version 4.0 is out for public comment. Federal EPA  Development of EJSCREEN began in late 2010 and EPA began using an early version in 2012. EJSCREEN was peer reviewed in early 2014 and released to the public in 2015. Examples of Other State or Local Mapping ToolsColorado New York New Jersey Pennsylvania Maryland Washington North Carolina Minneapolis-St. Paul San Francisco

Ever wonder where the authorities of the California Air Resources Board end and the authorities of the Air Quality Management Districts begin? In this next fast facts episode, California special counsel Julie Cress and partner Megan Berge provide in 15 minutes or less a primer on California's air regulatory regime. Questions about California air programs? Contact Julie Cress or Megan Berge.

This episode is part of our transportation sector series. Chris Miller, of AJW consulting group, joins Partner Megan Berge to discuss the future of state and national fuels programs. Chris represents a bi-partisan coalition supporting the promulgation of a nationwide low carbon fuel standard.  If you would like more information regarding LCFS programs, please contact host Megan Berge.

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. For more information or assistance with this issues, please contact Bridget Moore or host Megan Berge. Documents discussed in this episode are available at: SEC's 2010 interpretive guidance regarding climate change, directed, new Climate and ESG Task Force, requested public input, and https://www.whitehouse.gov/briefing-room/presidential-actions/2021/05/20/executive-order-on-climate-related-financial-risk/.

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. Information on the loan programs, and associated guidance from the Department of Transportation, are available at fhwa.dot.gov, wapa.gov and whitehouse.gov. 

In this episode, Host Megan Berge and Partner George Fibbe, former Deputy General Counsel for Litigation, Regulation & Enforcement for the U.S. Department of Energy, flag for listeners key components of the recent Department of Energy proposal revising its process for undertaking energy efficiency rulemakings.  The proposal rule is available at federalregister.gov. For a deeper drive on the proposal, please contact George or Megan.

In this episode, host Megan Berge and Partners Stephanie Bergeron Purdue, formerly Deputy Executive Director at the Texas Commission on Environmental Quality, and Alex Dunn, formerly Assistant Administrator at EPA, discuss the latest developments in the regulation of and litigation about the per- and polyfluoroalkyl substances that are known as PFAS. For more information about these developments, please contact Stephanie or Alex. As promised, the PFAS regulatory trackers discussed in the episode can be found at https://www.ncsl.org/research/environment-and-natural-resources/per-and-polyfluoroalkyl-substances-pfas-state-laws.aspx and https://www.ecos.org/pfas/.

In this episode, former acting chairman and commissioner of the FTC Maureen Olhausen 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.  This episode is the next in our “fast facts” series, which aspires to breakdown recent developments and convoluted issues in 15 minutes or less.   For more information regarding the petition or the workings of the FTC, please contact Maureen or Megan.  A copy of the petition is available at greenpeace.org.

In this episode, California tax partner Will Gorrod and environmental partner 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. This episode is the second in our “fast facts” series. The goal of episodes in this series is to breakdown recent developments or convoluted legal issues in 15 minutes or less.  More information on the bill is available at leginfo.legislature.ca.gov.  For a more extensive discussion of AB1312, please contact our host, Megan Berge.

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.

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.

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.

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 epa.gov/nwpr. For more information, please contact our host, Megan Berge. Environmental Evolutions explores emerging areas and recent developments in environmental law and policy.

In this episode: We explore the next chapter in the ongoing regulatory saga of coal combustion residuals (a.k.a. coal ash) and how to prepare for potential enforcement actions under the Biden Administration.  For more information, please contact our guest, Kent Mayo, or our host, Megan Berge. Environmental Evolutions explores emerging areas and recent developments in environmental law and policy.  

In this episode: We explore with Caitlin McCoy of the Harvard Environmental and Energy Law Program the what, how, when, and where the Biden Administration could implement its policy priorities (spoiler alert: cars, pipelines, and power plants). As of January 18, 2021, Caitlin joins the Commission for Environmental Cooperation as the Legal Officer for the Submissions on Enforcement Matters. We wish her the best in her new adventure. The regulatory tracking documents discussed in the episodes are available on the Harvard EELP website at  https://eelp.law.harvard.edu/looking-ahead/restoring-environmental-regulation/. For more information, please contact our host, Megan Berge. Environmental Evolutions explores emerging areas and recent developments in environmental law and policy.