Thought Leadership

Environmental Evolutions


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

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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

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 As always, our host, Megan Berge can be reached with questions at + or

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

Fast Facts

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 4

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 5

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.

Fast Facts

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.

Fast Facts

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 6

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 7

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.

Fast Facts

Environmental Evolutions: Holy Renewable Energy Transmission Project Loans, Batman!

In this episode:
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.

Episode 8

Environmental Evolutions: Follow the ESG Road: The Next Step (and the Next) on the SEC ESG Path

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. 

Episode 9

The Future of Liquid Fuels

In this episode:
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.

Fast Facts

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, California special counsel Julie Cress and partner Megan Berge provide a primer on California's air regulatory regime.

Episode 10

A Practical Conversation on Environmental Justice

In this episode:
Host Megan Berge talks with partners Lily Chinn and Nadira Clarke about their practical guidelines for helping companies develop or redevelop their approach to environmental justice.

Episode 11

Environmental Evolutions: PFAS! Part Deux

In this episode:
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 Alexandra Dunn and Stephanie Bergeron Perdue for an update to their April podcast, PFAS Regulations and Litigation Are Coming P(retty)FAS(t).

Fast Facts

50 States, 10 Minutes, 1 Topic: Hydrogen State Tax Incentives You Need to Know About

In this episode:
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.

Episode 12

Why You Should Care About New Jersey's New Environmental Justice Statute

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.

Fast Facts

Fast Facts on FERC Developments

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.

Episode 13

Carbon Offsets Q & A

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?

Fast Facts

They’re Heeeeere! Fast Facts on the SEC’s Proposed Climate Disclosure Regulations

In this episode:

Host Megan Berge is joined by white collar defense 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: The SEC is accepting comment on them through May 20, 2022.

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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