Environmental Evolutions

Forever Chemicals Under Fire: Breaking Down EPA’s New PFAS Amendments

Host Linn Bumpers explains the EPA’s proposed amendments to the 2024 PFAS reporting rule under the Toxic Substances Control Act. The discussion covers what PFAS are, why they matter, and how new exemptions such as de minimis thresholds and article imports could change compliance obligations for manufacturers and importers. With public comments open until December 29, 2025, this update provides timely insights for businesses navigating evolving environmental regulations.

The Future of EPA’s Greenhouse Gas Emissions Regulations

Scott Novak and Allison Watkins Mallick unpack two of the most consequential potential shifts in U.S. climate regulation: the Environmental Protection Agency’s proposals to repeal the landmark 2009 endangerment finding for greenhouse gases and to rescind or revise greenhouse gas regulations for fossil fuel–fired power plants. They examine the legal basis for these proposals, the implications of these proposals on the vehicle and power sectors, and what companies can do to prepare for shifting regulatory ground.

PFAS Policy in the Trump Era

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, such as strengthening science, fulfilling statutory obligations, and building partnerships. Key focus areas include changes to reporting requirements under the Toxic Substances Control Act (TOSCA) and potential shifts in regulation under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and the Resource Conservation and Recovery Act (RCRA). The conversation highlights the evolving nature of PFAS regulations and the implications for various industries.

Seven County Infrastructure Coalition v. Eagle County: The NEPA Narrowing

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.

Reflecting on EPA’s Changing Policy Priorities with Vicki Arroyo

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.

 

This episode was recorded on March 24, 2025.

New Hosts, New Executive Orders

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. The episode explores the implications of new executive orders and their potential impact on energy projects, environmental enforcement, and regulatory frameworks.

NEPA News You Need to Know Now

In this episode, host Megan Berge talks to long time 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.

SEC’s Final Climate Disclosure Regulations: You know what’s out, this is what’s in.

In this fast facts episode, Washington DC partner Sterling Marchand takes over the episode to discuss 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. 

A written summary of the rule can be found at bakerbotts.com, and our fast facts podcast discussing the proposed regulations can heard here.

If you have questions about today’s podcast, contact Sterling Marchand.

 

What We are Watching in 2024

In today's episode, Megan asks a cross section of Environmental, Safety, and Incident Response lawyers from a variety of offices one important question: what issue or issues is on their mind for 2024?

As a bonus, each lawyer shared one fun fact about themselves so that you can learn a little bit more about the amazing people at Baker Botts. Learn even more about our repeat guests!

For further information on these topics or suggestions for future episodes, please email Megan at megan.berge@bakerbotts.com. 

The Loper Bright & Relentless Arguments a.k.a Supreme Court Nerd Heaven

Couldn’t spare three hours to listen to the Supreme Court arguments in Loper Bright and Relentless, but wondering about the fate of Chevron deference? Aaron Streett, Chair of our Supreme Court practice, breaks it down for you.

More information on the cases is available here:
Loper Bright: supremecourt.gov
Relentless: supremecourt.gov

If you have questions about appellate strategy, reach out to Aaron.