Megan H. Berge

Partner

megan.berge@bakerbotts.com

Washington, D.C.

P: +1.202.639.1308 F: +1.202.639.1171
Megan Burge Photo

Megan Berge supports clients in all applications of environmental law, including litigation, rulemaking and permit appeals, regulatory advocacy, and compliance counseling. She has an active practice representing power and energy companies and trade associations.

Ms. Berge focuses on developing creative strategies for environmental issues based on her deep industry knowledge and experience in the applicable regulatory programs. Ms. Berge advocates for companies in rulemaking proceedings and devotes significant time to representing companies in appeals of agency orders and regulations before the U.S. Court of Appeals for the D.C. Circuit. She also counsels clients on compliance matters, particularly on Clean Air Act and climate issues. Companies facing Clean Air Act citizen suit and government enforcement actions rely on Ms. Berge's experience and guidance to represent them.

When not practicing law, Ms. Berge devotes her time to raising her two children with her spouse, an active duty naval officer.

Related Experience

Regulatory Advocacy

  • Coalition for Innovative Climate Solutions (“CICS”). CICS is a coalition of 13 major electric generating companies working constructively at the state and federal levels on the development and implementation of the Clean Power Plan, which establishes landmark greenhouse gas regulations for the power sector.
  • Class of ’85 Regulatory Response Group. The Class of ’85 is a large coalition of approximately 30 electric generating companies that has participated in every major regulatory and policy development arising under the Clean Air Act and various climate programs since the enactment of the 1990 amendments to the Clean Air Act.
  • National Trade Association. Assisted association in developing comments and other advocacy activities on proposed climate rulemakings establishing greenhouse gas performance standards.
  • Cross-Cutting Issues Group (“CCIG”). CCIG is a group of approximately 10 electric generating companies with diverse generation assets located throughout the country that participates in regulatory and policy developments related to waste, water, and wildlife programs that affect the power sector.
  • Major Natural Gas and Electric Utility. Represented major utility company in advocacy efforts on Washington Department of Ecology's climate rulemaking establishing economy-wide greenhouse gas regulations.
  • Electric Cooperative. Represented electric cooperative in advocacy efforts on U.S. EPA's climate rulemaking establishing greenhouse performance standards for fossil fuel fired power plants.
  • Electric Utility. Represented electric utility in advocacy efforts on U.S. EPA's climate rulemaking establishing greenhouse performance standards for fossil fuel fired power plants.
  • Independent Power Producer. Assisted power producer in developing comments and other advocacy activities related to federal plan implementing the requirements of the Regional Haze program.
  • Electric Cooperative. Represented electric cooperative in advocacy efforts on U.S. EPA's rule updating the Cross-State Air Pollution Rule.

Rulemaking and Permit Appeals

  • Clean Water Action, et al. v. EPA (D.D.C.) Represented group of trade associations as amici in challenge to rule staying under Section 705 of the Administrative Procedures Act certain compliance deadlines under EPA's Effluent Limitation Guidelines for power plants.
  • California v. Bureau of Land Management (N.D. Cal.). Represented group of trade associations as amici in challenge to rule staying under Section 705 of the Administrative Procedures Act certain compliance deadlines for BLM's Waste Prevention, Production Subject to Royalties, and Resource Conservation Rule
  • Avista v. Washington Dept. of Ecology (Th. Cty. Sup. Ct.). Represented local natural gas distribution companies in challenging Washington Department of Ecology's multi-sector climate regulation.
  • Texas, et al. v. EPA (D.C. Cir.). Represented electric generating company in challenging EPA's rule updating its Regional Haze visibility program.
  • Wisconsin, et al. v. EPA (D.C. Cir.). Represented electric cooperative in challenging EPA's update to the Cross-State Air Pollution Rule.
  • North Dakota, et al. v. EPA. (D.C. Cir.). Represented national trade association in challenging rulemakings associated with EPA's Clean Power Plan.
  • West Virginia, et al. v. EPA. (D.C. Cir.). Represented multiple electric generating companies and trade associations in challenges to EPA's Clean Power Plan.
  • EME Homer City Generation, L.P. et al. v. EPA (D.C. Cir.). Represented multiple electric generating companies in challenges to EPA's Cross-State Air Pollution Rule.
  • Northern States Power Co. v. EPA (D.C. Cir.). Represented municipal waste combustor in challenges to EPA's performance standards for commercial and industrial solid waste incineration units.
  • New Jersey v. EPA. (3rd Cir.). Represented electric generating company as intervenor in an appeal of an EPA order upholding the company's Title V operating permit.

Civil Litigation

  • Entergy Gulf States Louisiana, LLC, et. al., v. EPA (E.D. La.). Litigation counsel representing electric utilities in action to stop production of confidential business information to environmental group pursuant to the Freedom of Information Act.
  • Sierra Club v. Talen Montana LLC (D. Mont.). Litigation counsel representing six co-owners in defense of federal Clean Air Act citizen suit litigation.
  • United States v. Louisiana Generating LLC (M.D. La.). Litigation counsel representing power producer in defense of government enforcement action under the Clean Air Act.
  • New Jersey v. RRI Energy Mid-Atlantic Holdings (E.D. Pa.). Litigation counsel representing power producers in defense of federal Clean Air Act citizen suit litigation.
  • United States v. Kentucky Utilities Co. (E.D. Ky.). Litigation counsel representing utility company in defense of federal government enforcement action under the Clean Air Act.
  • Sierra Club v. Dayton Power & Light (S.D. Ohio). Litigation counsel representing three co-owners in defense of federal Clean Air Act citizen suit litigation.

Compliance Counseling

  • Large Interstate Pipeline Construction Company. Represented client in a variety of permitting issues and a state administrative action involving claims under the national pollutant discharge elimination system provisions of the Clean Water Act.
  • Major Electric Utility. Designed draft state plan implementing the requirements of greenhouse gas performance standards for fossil fuel fired electric generating units.
  • Large Petroleum Refinery. Advised and counseled client on compliance with Clean Air Act consent decree requirements.
  • Large Petroleum Refinery. Counseled client on compliance with Clean Air Act requirements, including new source performance standards and new source review requirements.
  • Major Electric Utility. Designed and assisted in implementation of new source review compliance programs for fossil fuel fired power plants.
  • Large Municipal Waste Combustor. Developed compliance strategy for implementing EPA performance standards for commercial and industrial solid waste incineration units and industrial boilers.
  • Electric Cooperative. Designed and assisted in implementation of new source review compliance programs for fossil fuel fired power plants.
  • Cement Company. Advised and counseled client on compliance with Maximum Achievable Control Technology standards.
  • Electric Cooperative. Assisted cooperative in working with U.S. EPA on a compliance strategy for mercury and air toxics standards applicable to power plants.
  • Major Electric Utility. Provided analysis and counsel on the implementation of EPA regulations for commercial and industrial solid waste incineration units and mercury and air toxics standards for oil- and coal-fired power plants.
  • Large Pharmaceutical Manufacturer. Advised and counseled client on compliance with the National Emission Standards for Organic Hazardous Air Pollutants and the Resource Conservation Recovery Act.
  • Independent Power Producer. Advised and counseled client on compliance with EPA mercury and air toxics standards for power plants and requirements of the Regional Haze program.

Awards & Community

Recognized as a Washington D.C. Super Lawyer-Rising Star (Thomson Reuters), 2014, 2015, 2016 & 2017

News

Publications, Speeches & Presentations

Events

Recent

Cross-Cutting Issues Group Semi-Annual Meeting

Baker Botts lawyers host this semi-annual meeting consisting of a group of electric generating companies to discuss key developments, network with key contacts, and leverage relationships in the power sector.