Thought Leadership

Environmental Evolutions


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

Subscribe Now for Content:

Apple Podcasts     GooglePlay     Podbean     Spotify     Stitcher

Listen to Recent Episodes:

Episode 1

The White House Effect: A Day One Discussion with Caitlin McCoy of the Harvard Environmental and Energy Law Program

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 As always, our host, Megan Berge can be reached with questions at + or [email protected].

Episode 2

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 + or [email protected]. As always, our host, Megan Berge can be reached with questions at + or [email protected].

Episode 3

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 As always, our host, Megan Berge can be reached with questions at + or [email protected].

Episode 4

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, 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 The upcoming webinars are scheduled for February 18th and March 11th, visit the linked pages to register.

Episode 5

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 and

Episode 6

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 Aileen and Barbara would be happy to answer any further questions about CCUS permitting or tax credits.

Episode 7

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.

Episode 8

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.

Episode 9

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.

Episode 10

Environmental Evolutions: DOE Sets the Table for Energy Efficiency Rules

In this episode:
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 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.


Baker Botts is an international law firm of approximately 725 lawyers practicing throughout a network of 13 offices around the globe. Based on our experience and knowledge of our clients' industries, we are recognized as a leading firm in the technology, energy, 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

Related Professionals