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. For more information or assistance with this issues, please contact Bridget Moore or host Megan Berge.

Documents discussed in this episode are available at: SEC’s 2010 interpretive guidance regarding climate change, directed, new Climate and ESG Task Force, requested public input, and https://www.whitehouse.gov/briefing-room/presidential-actions/2021/05/20/executive-order-on-climate-related-financial-risk/.

Holy Renewable Energy Transmission Project Loans, Batman!

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. Information on the loan programs, and associated guidance from the Department of Transportation, are available at fhwa.dot.gov, wapa.gov and whitehouse.gov. 

DOE Sets the Table for Energy Efficiency Rules

In this episode, Host 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 proposal rule is available at federalregister.gov. For a deeper drive on the proposal, please contact George or Megan.

PFAS Regulation & Litigation Are Coming P(retty)FAS(t)

In this episode, host Megan Berge and Partners Stephanie Bergeron Purdue, formerly Deputy Executive Director at the Texas Commission on Environmental Quality, and Alex Dunn, formerly Assistant Administrator at EPA, discuss the latest developments in the regulation of and litigation about the per- and polyfluoroalkyl substances that are known as PFAS. For more information about these developments, please contact Stephanie or Alex.

As promised, the PFAS regulatory trackers discussed in the episode can be found at https://www.ncsl.org/research/environment-and-natural-resources/per-and-polyfluoroalkyl-substances-pfas-state-laws.aspx and https://www.ecos.org/pfas/.

Climate Claims Come to the Federal Trade Commission

In this episode, former acting chairman and commissioner of the FTC Maureen Olhausen 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.  This episode is the next in our “fast facts” series, which aspires to breakdown recent developments and convoluted issues in 15 minutes or less.
 
For more information regarding the petition or the workings of the FTC, please contact Maureen or Megan.  A copy of the petition is available at greenpeace.org.

California: Get your hydrogen tax credits; get your hydrogen tax credits here!

In this episode, California tax partner Will Gorrod* and environmental partner 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. This episode is the second in our “fast facts” series. The goal of episodes in this series is to breakdown recent developments or convoluted legal issues in 15 minutes or less. 

More information on the bill is available at leginfo.legislature.ca.gov. 

For a more extensive discussion of AB1312, please contact our host, Megan Berge.

*Will Gorrod is no longer practicing with Baker Botts. 

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

Rules of the Road for Enforcement in the Biden Administration (Administration Transition Series)

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 justice.gov/criminal-fraud/page/file/937501/download and justice.gov/jm/justice-manual.

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

Environmental Evolutions: 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 epa.gov/nwpr.

For more information, please contact our host, Megan Berge.

Environmental Evolutions explores emerging areas and recent developments in environmental law and policy.