Environmental Law Monitor

In the latest episode of the Bracewell Environmental Law Monitor, Ann Navaro joins hosts DanielPope and Taylor Stuart to discuss the implications of the Supreme Court's ruling in Seven County Infrastructure Coalition v. Eagle County. They delve into the ruling's clarifications on judicial deference and an agency's obligations under NEPA. The trio also examine the potential impacts on infrastructure projects in light of this decision.

On this episode of the Bracewell Environmental Law Monitor, Jeff Holmstead joins Daniel Pope and Taylor Stuart to discuss greenhouse gas regulations, the controversial endangerment finding and the future of environmental policy under the second Trump administration. They delve into the origins of the endangerment finding for greenhouse gases and explore its implications and the potential impact of current administration efforts to reconsider it.

On this episode of the Environmental Law Monitor, Daniel Pope and Taylor Stuart discuss the shifting landscape under the new Trump administration, comparing regulatory actions and priorities with those of previous administration, and delve into the complexities of NEPA regulations, endangered species and the impact of political changes on environmental legal practice. They explore how these transitions will affect legal practitioners and the energy sector and speculate on what to expect in the coming months.

On this episode of the Environmental Law Monitor, Daniel Pope, Taylor Stuart, Kevin Ewing and Ann Navaro discuss the shift in National Environmental Policy Act (NEPA) regulation and break down the recent decision in Marin Audubon Society v. the FAA. They discuss implications of the DC Circuit ruling for federal agencies and what it means for the future of environmental and natural resources law and policy.

A conversation with Scott Churbock of Montrose Environmental Group on emerging technologies and regulatory developments surrounding PFAS.

Dive into the seismic shift in environmental law as the Supreme Court overturns Chevron deference in Loper Bright Enterprises vs. Raimondo. Host Daniel Pope, alongside experts Jeff Holmstead and Brittany Pemberton, dissects the implications of this landmark decision for regulatory practices and the future of agency policymaking. Unravel the complexities of this pivotal moment in legal history with insights from those at the heart of environmental regulation. Don't miss this thought-provoking analysis — visit casted.us for more insightful episodes.

A conversation with Chad Whiteman of the United States Chamber of Commerce about the new Phase 2 regulations the Council on Environmental Quality promulgate that changes the NEPA review process.

Judicial clerkships can be invaluable experiences for environmental attorneys. So, how can a judicial clerkship add value to the environmental lawyer's practice and career, and what are some considerations to keep in mind when looking for a judicial clerkship? This episode answers these common questions and more. On this episode of the Bracewell Environmental Law Monitor, host Taylor Stuart is joined by guests Jeff Oldham, a partner in Bracewell's litigation and appellate litigation practices with an emphasis on energy and complex commercial litigation, and Anouk Nouet, an associate in the firm's environment, lands and resources practice. Join Taylor, Jeff and Anouk as they talk about their own experiences as law clerks, the value of clerking for a career as an environmental lawyer, insights into applying to judicial clerkships and advice on choosing the right clerkship.

On this episode of the Bracewell Environmental Law Monitor, host Taylor Stuart is joined by guests Jeff Oldham, a partner in Bracewell's litigation and appellate litigation practices with an emphasis on energy and complex commercial litigation, and Anouk Nouet, an associate in the firm's environment, lands and resources practice. Join Taylor, Jeff and Anouk as they talk about their own experiences as law clerks, the value of clerking for a career as an environmental lawyer, insights into applying to judicial clerkships and advice on choosing the right clerkship. 

On this episode of the Bracewell Environmental Law Monitor, guest Matthew Tejada, senior vice president for environmental health at the Natural Resources Defense Council (NRDC), discusses environmental justice with host Daniel Pope and Steven Cook, of counsel in Bracewell's Environment, Lands and Resources practice.  Tune in to hear Dan, Matt, and Steven discuss environmental justice – a signature policy goal of the Biden administration. The conversation covers how this administration has fared in expanding both the focus of the Environmental Protection Agency (EPA) on environmental justice and the role of non-governmental organizations and the private sector in the environmental justice movement.  

In a special crossover episode with Bracewell's Policy Resolution Group (PRG) podcast The Lobby Shop, Daniel Pope and Taylor Stuart sit down with PRG's Liam Donovan and Joe Brazauskas to do a deep dive on the Congressional Review Act, a powerful tool that has the Biden administration scrambling to finalize its regulatory proposals ahead of electoral uncertainty.

Women have become more prominent and influential in environmental law. What better time to celebrate and recognize women lawyers than during Women's History Month?  On this episode of the Bracewell Environmental Law Monitor, host Taylor Stuart is joined by three guests who focus their practice on environmental issues: Christine Wyman, senior counsel at Chevron, along with Brittany Pemberton, partner, and Sara Burgin, of counsel, in the environment, lands and resources practice at Bracewell. Tune in to hear Taylor, Christine, Brittany and Sara reflect on the contributions of women to the environmental legal profession. They also share their personal career journeys and offer practical advice for other female lawyers. 

The Edwards Aquifer is the primary source of drinking water for many people in central Texas. The deep caverns of the aquifer are also home to two species of blind catfish.  On this episode of the Bracewell Environmental Law Monitor, host Daniel Pope is joined by guests Amanda Glen, senior natural resources technical director at SWCA, a global environmental consulting firm, and Ann Navaro, partner in Bracewell's environment, lands and resources practice.  Tune in to hear Daniel, Amanda and Ann discuss two species of blind catfish that live deep in the Edwards Aquifer, underneath the city of San Antonio. The toothless blind catfish and the widemouth blind catfish have been proposed to be listed under the Endangered Species Act, and Amanda and Ann discuss the considerations and potential ramifications of these listings.  

Go generate emissions credits. It's worth it. On this episode of the Bracewell Environmental Law Monitor, host Daniel Pope and environment, lands and resources partner Whit Swift talk with Kyle Breeze, vice president of Gulf Coast Emissions at Anew, about Houston-Galveston-Brazoria area emissions credits.   The conversation dives into how the price and value of emissions credits have changed over the last decade, why the emissions credit market is at a “pinch point” right now and the financial importance of being a proactive – rather than reactive – market participant. Kyle also highlights how strategic thinking about nitrogen oxide (NOx) and volatile organic compounds (VOCs) will likely apply to future decarbonization strategies and urges firms to prioritize their emissions plans.  

On this episode of the Bracewell Environmental Law Monitor, we look back at the significant developments in environmental and natural resources law and policy in 2023, as well as look ahead to what's to come in 2024. Co-hosts Daniel Pope and Taylor Stuart talk with Ann Navaro and Tim Wilkins, partners in Bracewell's environment, lands and resources practice, about a range of topics, including the Biden administration's climate and environmental justice goals, Waters of the United States, renewable energy regulatory developments, and much more.

It can be difficult to keep track and make sense of all the activity under the EPA's Clean Air Act programs and regulations.  In this episode of the Bracewell Environmental Law Monitor, co-hosts Daniel Pope and Taylor Stuart talk with Brittany Pemberton, a partner in Bracewell's environment, lands and resources practices to make sense of EPA's Good Neighbor Rule, derived from the Clean Air Act's Good Neighbor provision aimed at reducing cross-state air pollution. Tune in to hear a high-level summary of the Good Neighbor Rule, a discussion of how the Rule is affecting regulated industries and a summary of the status of current litigation.

Since the 1980s, Chevron deference has set the standard for when courts should defer to reasonable agency interpretations of ambiguous statutes. That may all change, however, as the US Supreme Court will reconsider the Chevron deference in Loper Bright Enterprises v. Raimondo. In this episode of the Bracewell Environmental Law Monitor, host Daniel Pope talks with administrative law scholar Kristin Hickman, McKnight Presidential Professor in Law, Distinguished McKnight University Professor and Harlan Albert Rogers Professor in Law at the University of Minnesota Law School, about the history and influence of Chevron deference, its significance in the current legal landscape, the separation of powers arguments and the role of stare decisis in the context of Chevron deference. They also discuss Loper Bright Enterprises v. Raimondo and its potential implications. Tune in to hear them unpack the issues surrounding Chevron and what post-Chevron administrative law might look like.

“Community engagement” is a frequently used but rarely defined term. What does community engagement mean, and, more importantly, how do you do it well?  In this episode of the Bracewell Environmental Law Monitor, host Daniel Pope talks with Jackie Medcalf, founder, CEO and executive director of the Texas Health and Environment Alliance, and Steven Cook, of counsel in Bracewell's environment, lands and resources practice about how companies and government agencies can better engage with communities on environmental issues. They discuss the challenges of communicating with the public, the reasons why early and open dialogue initiation is important and strategies that project managers can use to get their message across while letting residents be heard. Tune in for tips on how to balance cost-effectiveness and community concerns when addressing Superfund and construction projects.   

When is a corporate parent potentially liable for the actions or omissions of its subsidiary related to the release of hazardous substances? Hint: If a party is in a position to control the environmental risk, it could be held liable. In this episode of the Bracewell Environmental Law Monitor, host Daniel Pope talks with Jason Hutt, head of Bracewell's environment, lands and resources practice, about the environmental aspect of the critical US Supreme Court case United States v. Bestfoods and the specific circumstances in which a court could hold a parent corporation responsible for the actions or management practices of its subsidiary. Tune in for practical takeaways that corporate counsel can use to manage liability and minimize risk.

Tax incentives for carbon capture are aimed at accomplishing societal good. They're not just putting money in the pockets of big corporations.  In this episode of the Bracewell Environmental Law Monitor, host Daniel Pope discusses the role of tax incentives in the energy transition with Elizabeth McGinley, chair of Bracewell's tax department and Steven Cook, of counsel in Bracewell's environment, land and natural resources practice.

In the second of a two-part episode of the Bracewell Environmental Law Monitor, host Daniel Pope continues the conversation with Bracewell partner Steven Cook about per- and polyfluoroalkyl substances (PFAS). They explore the unique challenges presented by the ubiquity of PFAS in society and how government and industry stakeholders can assess and respond to the long-term adverse consequences.

In the first of a two-part episode of the Bracewell Environmental Law Monitor, host Daniel Pope talks with Bracewell partner Steven Cook, who served as deputy assistant administrator at the EPA's Office of Land and Emergency Management prior to joining the firm, about the ways that companies and agencies deal with per- and polyfluoroalkyl substances (PFAS) and a look back at the history of the methyl tert-butyl ether (MTBE) controversy and the lessons learned from that.

In this episode of the Environmental Law Monitor, Tim Wilkins, co-chair of Bracewell's Environmental, Social & Governance (ESG) practice group, joins host Daniel Pope to discuss environmental auditing and why companies should be actively conducting environmental audits.

In this episode of the Environmental Law Monitor, host Daniel Pope is joined by Erin Chancellor, the interim executive director of the Texas Commission on Environmental Quality (TCEQ).

In this holiday episode of the Environmental Law Monitor, Tim Wilkins, Jason Hutt, and Ann Navaro from Bracewell's Environment, Lands and Resources Practice Group join host Daniel Pope to discuss the events of 2022 while looking ahead to 2023, and also some of their favorite things for the holidays.

In this episode of the Environmental Law Monitor, Liam Donovan and Christine Wyman from Bracewell's Policy Resolution Group join host Daniel Pope to discuss permitting reform and what that looks like during the lame duck session on the Hill.

In this episode of the Environmental Law Monitor, host Daniel Pope is joined by fellow Bracewell practice group associate Taylor Stuart to discuss highlights from the Environmental Law Seminar held in Houston on November 15.

In this episode of the Environmental Law Monitor, Bracewell partners Ann Navaro and Sara Burgin join host Daniel Pope for a closer look at the US Supreme Court's hearing of oral argument in Sackett v. EPA, the outcome of which could have significant impacts on the scope of the Clean Water Act's jurisdiction.

In this episode of the Environmental Law Monitor, host Daniel Pope is joined by Washington, DC partner Jason Hutt and their new colleague Steven Cook, who was most recently with EPA's Office of Land and Emergency Management. They discuss Chapter 11 bankruptcies, including how a variety of environmental claims and a variety of environmental requirements are treated and managed throughout the bankruptcy process.

In the second of a two-part series on government investigations and inspections, Bracewell partners Kevin Collins and Seth Du Charme join Environmental Law Monitor host Daniel Pope for a discussion of what to do when the government is actually knocking on your front door.

In the first of a two-part series on government investigations and inspections, Bracewell partners Kevin Collins and Seth Du Charme join Environmental Law Monitor host Daniel Pope for a discussion of best practices for preparing for government inspections at facilities.  Kevin is a partner in our Austin office and Seth is a partner in New York.

In the second of a two part conversation about West Virginia v. EPA, Bracewell Environmental Law Monitor host Daniel Pope talks with Bracewell partners Jeff Holmstead and Jeff Oldham about the implications of the decision for federal agencies, the Biden administration and courts as they seek to apply this new Supreme Court precedent. Jeff Holmstead is a partner in our environment, lands and resources group in our Washington, DC office. Jeff Oldham is a partner in our litigation and appellate practice in Houston and Austin.

On this episode of the Bracewell Environmental Law Monitor, host Daniel Pope talks with Bracewell partners Jeff Holmstead and Jeff Oldham about the Supreme Court's recent decision in West Virginia versus EPA and its implications for both environmental law and more broadly for administrative law.  This is the first of a two-part episode discussing this decision. Jeff Holmstead is a partner in our Environment, Lands and Resources group who joins us from our Washington DC office. Jeff Oldham is a partner in our Litigation and Appellate practice group in Houston and Austin.

On this episode of the Bracewell Environmental Law Monitor, host Daniel Pope talks with Tyler Johnson and Taylor Stuart about offshore wind litigation over the energy transition, and more specifically over litigation regarding some of the challenges to new projects in the offshore wind space which are under development off the East Coast. Tyler is senior counsel in Bracewell's Seattle office and has a broad background advising international energy clients across a wide array of regulatory issues. Taylor is an associate in the environment, lands and resources group in Washington, DC.

On this episode of the Bracewell Environmental Law Monitor, host Daniel Pope talks with Kevin Collins, Jason Hutt and Robert Wagman about current trends and environmental and federal enforcement. Kevin Collins is a partner in our Austin office.  He is a former Assistant U.S. Attorney from the Eastern District of Texas, and he helps manage the problems that arise during government investigations. Jason Hutt is a partner in our DC office and chair of the firm's environmental department.  He advises and defends clients on the complex environmental and energy issues of our day. Robert Wagman is a partner in our DC office and heads up the government contracts practice.  He does a lot of government enforcement work.

On this episode of the Bracewell Environmental Law Monitor, host Daniel Pope talks with Jason Hutt, and Mike Borkowski about the development of renewable energy resources on properties that may have historical environmental liabilities. Jason Hutt is a partner in our Washington DC office and chair of the Environment, Lands and Resources practice. Mike Borkowski is the president of the Community Power Group.

On this episode of the Bracewell Environmental Law Monitor, host Daniel Pope talks with Chad Whiteman, Andrew Varcoe and Ann Navaro about current rule-making from the Council on Environmental Quality, the agency that oversees the implementation of the National Environmental Policy Act ,or NEPA. Chad is vice president for environment and regulatory affairs at the US Chamber of Commerce. Andrew is deputy chief counsel at the US Chamber Litigation Center. Ann is a partner in our DC office, advising on and litigates under the federal laws and policies governing natural resources and the environment.

General Counsel Perspectives on ESG On this episode of the Bracewell Environmental Law Monitor, host Daniel Pope is joined by Will Marsh, Travis Counts and Tim Wilkins to discuss how general counsel and in-house counsel are addressing developments in the world of environmental, social and governance (ESG). From 1998 to 2020, Will held various in-house positions at Baker Hughes, including as general counsel from 2013 to 2017 and chief legal officer from 2017 to 2021. Prior to joining Bracewell, Travis served as in-house counsel at two of the largest independent oil companies in the United States. From 2013 to 2021, he held various officer positions at Concho Resources, including most recently as senior vice president, general counsel and corporate secretary. He also held in-house legal positions at Petrohawk Energy and Halcon Resources from 2010 to 2013. Tim is co-chair of the firm's ESG practice and managing partner of the Austin office.

On this episode of the Environmental Law Monitor, host Daniel Pope is joined by Ann Navaro and Christine Wyman to discuss what Bracewell's Policy Resolution Group (PRG) is observing in terms of politics and policy-making, such as the infrastructure bill.

On this episode of the Environmental Law Monitor, host Daniel Pope is joined by Brittany Pemberton to discuss developments related to remissions reductions under the Clean Air Act. Brittany is an associate in our DC office. She advises energy, oil and gas, and industrial clients in environmental regulatory compliance and enforcement matters, including handling stationary source enforcement and compliance matters under the Clean Air Act (CAA) before the U.S. Environmental Protection Agency (EPA) and state agencies.

On this episode of the Environmental Law Monitor, we take a break from our regularly scheduled program to give a preview of this week's Environmental Law Seminar.  For any questions you may have about the seminar, please contact Daniel Pope.

On this episode of the Environmental Law Monitor, host Daniel Pope is joined today by Tim Wilkins and Tony Visage from Bracewell, and Michael McGinn and Adam Wilhite from Marsh. The group talks about managing environmental risk in the transactional context, including environmental reps and warranties, environmental insurance, and reps and warranties insurance. For any questions you may have about managing environmental risk in the transactional context, contact Daniel Pope, Tim Wilkins, or Tony Visage. The opinions expressed in this podcast are those of the speakers and do not necessarily reflect the viewpoint of their institutions or clients.

On this episode of the Environmental Law Monitor, host Daniel Pope is joined by guests Craig Haas and Kevin Collins to discuss the Environmental Protection Agency's risk management plan regulations. Craig Haas is a senior environmental scientist. He is currently the national manager for EPA's Chemical Accident Prevention Regulatory Enforcement program. Kevin Collins is a partner in Bracewell's Austin office, where helps clients manage the problems that arise during government investigations. For any questions you may have about RMP regulations, please contact Daniel Pope or Kevin Collins. The opinions expressed in this podcast are those of the speakers and do not necessarily reflect the viewpoint of their institutions or clients.

On this episode of Environmental Law Monitor, host Daniel Pope is joined by guests Phil Bezanson and Seth DuCharme look at cyber attacks and cyber security. Seth is a Bracewell partner and and draws on his experiences serving as the principal associate deputy attorney general of the United States and the acting US attorney for the Eastern District of New York to advise companies and individuals on a range of matters, including cyber security and breach response Phil is the managing partner of Bracewell's Seattle office and co-host of Bracewell Sidebar. Phil regularly conducts internal investigations and defends corporations and executives facing allegations of fraud, product defect, antitrust violations, environmental crimes, bribery, insider trading, tax offenses and other allegations of business-related misconduct or regulatory violations. The opinions expressed in this podcast are those of the speakers and do not necessarily reflect the viewpoint of their institutions or clients.

On this episode of the Environmental Law Monitor podcast, Daniel Pope updates us on how the EPA responded to the district of Arizona vacating the Clean Water Act from the Waters of the United States office (WOTUS). Be sure to listen to Episode 5 - WOTUS, the ESA, and Permitting through Changing Regulations with Ann Navaro and Brittany Pemberton, where Daniel Pope and guests discuss the Clean Water Act and give more background to this episodes update. Have questions or podcast requests? Feel free to email Daniel Pope at daniel.pope@bracewell.com Are you enjoying Environmental Law Monitor? Subscribe so you never miss an episode! Already subscribed? Then share our podcast with a colleague and leave us a review so we can use your feedback for future episodes.

On this episode of the Environmental Law Monitor podcast, Daniel Pope is joined by colleagues Ann Navaro and Brittany Pemberton to discuss current approaches to the Clean Water Act and the Endangered Species Act. They will also consider what it means to design, permit, and defend major infrastructure projects in a constantly shifting regulatory landscape.   Have questions or podcast requests? Feel free to email Daniel Pope at daniel.pope@bracewell.com   Are you enjoying Environmental Law Monitor? Subscribe so you never miss an episode! Already subscribed? Then share our podcast with a colleague and leave us a review so we can use your feedback for future episodes.

Daniel Pope is joined by Whit Swift for a discussion of developments at the Texas Commission on Environmental Quality (TCEQ).

Daniel Pope and Kevin Ewing discuss environmental justice, its intersection with racial justice, and new environmental law guidance.

Daniel Pope and Tim Wilkins discuss environmental compliance audits and the impact of the change in administration.

Daniel Pope introduces Bracewell Environmental Law Monitor and talks with Jeff Holmstead about the Biden administration's plans for climate change.