Environmental Evolutions
Environmental Evolutions features hosts Linn Bumpers and Scott Novak along with 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.
Episodes
Linn Bumpers speaks with former EPA attorney Mark Talty about how the second Trump administration is reshaping federal regulatory policy. They unpack EPA’s rapid deregulatory push, the rollback of climate rules like the Endangerment Finding, and the agency’s reliance on new Supreme Court precedents to accelerate major policy reversals. The conversation highlights shifting legal strategies, the risks of a less predictable regulatory...
Scott Novak and Allison Watkins Mallick offer a breakdown of EPA’s decision to rescind its 2009 greenhouse gas endangerment finding and how the agency is interpreting the Clean Air Act. The discussion covers implications for vehicle and power plant standards, expected litigation, and what long-term uncertainty means for companies navigating federal and state climate rules.
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 navigat...
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 po...
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 Compr...
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.
...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.
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.
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.
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.
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!
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.
In the previous episode “Move over SEC, the California Legislature has Passed Landmark Climate Disclosure Laws” host Megan Berge provided quick hits on Senate Bills 253 (the Climate Corporate Data Accountability Act) and 261 (the Climate Related Financial Risk Act). In this episode Megan turns to San Francisco tax partner WIll Gorrod* to break down legislative clues to help answer what it means to be “Doing Business in California.”
...In preparation for Thanksgiving, host Megan Berge is joined by managing partner, Danny David for a brief episode sharing what we at Baker Botts are Thankful for this holiday season—spoiler alert, it is all of you! We wish everyone a safe, happy, and email-free holiday. Thank you for being our clients and listeners.
In this episode, host Megan Berge provides quick hits on California Senate Bills 253 (the Climate Corporate Data Accountability Act) and 261 (the Climate Related Financial Risk Act). Each bill is focused on greenhouse gas emissions and companies' financial risks from climate change.
Listeners interested in reviewing Senate Bills 253, the Climate Corporate Data Accountability Act, and 261, the Climate Related Financial Risk Act, can...
Does a mix of law, politics, and sticky situations sound intriguing to you? Then join me for the inaugural episode of Lawful influence – a new podcast hosted by Baker Botts Partner Sterling Marchand. Check it out!
Lawful Influence pulls back the curtain on legal issues in the world of campaign finance and lobbying, as there’s no escaping the political influences that impact your bottom line. If this sounds like something you might ...
In today’s 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 stakes associated with climate-related speech have never been higher as government agencies and activists alike are taking a hard look at how to provide existing regulatory and legal tools to carbon markets.
Link to whistleblower alert issued by the CFT...
On today’s episode, Megan Berge hands the reigns over to Partners, Kent Mayo and Martha Thomsen to discuss the EPA’s proposed legacy rule. A link to the rule is below and the comments close on Monday July 17th. If you have questions about the proposed rule and its implications for your business, please contact Kent or Martha.
On this episode of the Environmental Evolutions Podcast, Megan Berge is joined by Jeff Wood and Tom Jackson to 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.
The link to the law is below and if you have questions for Tom or Jeff, please contact them directly.
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