Environmental Evolutions features lawyers and industry guests who explore emerging ideas and recent developments in environmental law and policy.

Long time host Megan Berge has left Baker Botts for an in-house role. We congratulate her and look forward to her becoming a long time listener. 

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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 [email protected]. 

• Rules of the Road for Enforcement in the Biden Administration
• In this episode:
  Partner Jeff Wood explores 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:
   Tax partner, Barbara De Marigny, and environmental partner, Aileen Hooks explore new incentives and potential policy initiatives for broadening deployment of carbon capture use and storage (CCUS), both domestically and internationally. 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.

• Follow the ESG Road: The Next Step (and the Next) on the SEC ESG Path
• In this episode:
  Partner Bridget Moore discusses 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, Partner Julie Cress provides a primer on California's air regulatory regime. 

• Why You Should Care About New Jersey's New Environmental Justice Statute
• In this episode:
  Baker Botts attorney Scott Novak discusses 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 discusses 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. 

• They’re Heeeeere! Fast Facts on the SEC’s Proposed Climate Disclosure Regulations
• In this episode:
  White collar defense Partner Sterling Marchand provides 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. 

• Changes are Coming to the California LCFS
• In this episode:
  Partner Julie Cress reviews 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:
  Energy transition tax partner Barbara de Marigny 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 discusses 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:
  Tax partner, Mike Bresson provides 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 provides updates 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 discusses recent Inflation Reduction Act (IRA) implementation guidance issued by the Department of the Treasury.
  
  
• It's Last Call for California's Update to the Advanced Clean Fleets Regulations
• In this episode:
  Environmental attorney Julie Cress provides updates on the California Air Resources Board’s upcoming adoption of the Advanced Clean Fleets Rule. 

• Carbon Markets Creating Value Today and in the Future
• In this episode:
  Partners Jason Bennett and Tom Holmberg 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:
  Baker Botts lawyers Jeff Wood and Tom Jackson 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:
  Partners Kent Mayo and Martha Thomsen 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.   

• 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.   

• 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 discusses 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. 

• NEPA News You Need to Know Now
• In this episode:
  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.
  
  
• New Hosts, New Executive Orders
• In this episode:
  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. They explore the implications of new executive orders and their potential impact on energy projects, environmental enforcement, and regulatory frameworks.
  
  
• Reflecting on EPA’s Changing Policy Priorities with Vicki Arroyo
• In this episode:
  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.
  
  
• Seven County Infrastructure Coalition v. Eagle County: The NEPA Narrowing
• In this episode:
  Scott Novak is joined by Tom Jackson as they discuss the recent U.S. Supreme Court decision in Seven County Infrastructure Coalition v. Eagle County, which has significant implications for infrastructure project permitting under the National Environmental Policy Act (NEPA). The conversation covers the limitations on agency obligations to consider upstream and downstream impacts and the emphasis on judicial deference in NEPA cases.


• PFAS Policy in the Trump Era
• In this episode:
  Linn Bumpers and Martha Thompson discuss the regulatory landscape of PFAS, or Forever Chemicals, under the second Trump administration. They dive into EPA's priorities and recent updates, and the evolving nature of PFAS regulations and the implications for various industries.

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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.

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