While EPA enforcement actions have declined, the underlying statutes, regulations and permits remain in force. The five-year federal statute of limitations means that today’s violations may be tomorrow’s enforcement targets.

The episode focuses on practical strategies such as:

• reinforcing compliance culture
• leveraging audit tools
• ensuring corrective actions are both effective and well documented

Daniel and Tim highlight continued scrutiny from state agencies and non-governmental organizations, reminding companies that enforcement exposure extends beyond EPA.

Pope and Taylor Stuart to discuss the implications of the Supreme Court’s ruling in Seven County Infrastructure Coalition v. Eagle County. They delve into the ruling’s clarifications on judicial deference and an agency’s obligations under NEPA. The trio also examine the potential impacts on infrastructure projects in light of this decision.

On this episode of the Bracewell Environmental Law Monitor, host Taylor Stuart is joined by guests Jeff Oldham, a partner in Bracewell’s litigation and appellate litigation practices with an emphasis on energy and complex commercial litigation, and Anouk Nouet, an associate in the firm’s environment, lands and resources practice. Join Taylor, Jeff and Anouk as they talk about their own experiences as law clerks, the value of clerking for a career as an environmental lawyer, insights into applying to judicial clerkships and advice on choosing the right clerkship. 

Tune in to hear Dan, Matt, and Steven discuss environmental justice – a signature policy goal of the Biden administration. The conversation covers how this administration has fared in expanding both the focus of the Environmental Protection Agency (EPA) on environmental justice and the role of non-governmental organizations and the private sector in the environmental justice movement.

On this episode of the Bracewell Environmental Law Monitor, host Taylor Stuart is joined by three guests who focus their practice on environmental issues: Christine Wyman, senior counsel at Chevron, along with Brittany Pemberton, partner, and Sara Burgin, of counsel, in the environment, lands and resources practice at Bracewell.

Tune in to hear Taylor, Christine, Brittany and Sara reflect on the contributions of women to the environmental legal profession. They also share their personal career journeys and offer practical advice for other female lawyers. 

On this episode of the Bracewell Environmental Law Monitor, host Daniel Pope is joined by guests Amanda Glen, senior natural resources technical director at SWCA, a global environmental consulting firm, and Ann Navaro, partner in Bracewell’s environment, lands and resources practice. 

Tune in to hear Daniel, Amanda and Ann discuss two species of blind catfish that live deep in the Edwards Aquifer, underneath the city of San Antonio. The toothless blind catfish and the widemouth blind catfish have been proposed to be listed under the Endangered Species Act, and Amanda and Ann discuss the considerations and potential ramifications of these listings.

On this episode of the Bracewell Environmental Law Monitor, host Daniel Pope and environment, lands and resources partner Whit Swift talk with Kyle Breeze, vice president of Gulf Coast Emissions at Anew, about Houston-Galveston-Brazoria area emissions credits.  

The conversation dives into how the price and value of emissions credits have changed over the last decade, why the emissions credit market is at a “pinch point” right now and the financial importance of being a proactive – rather than reactive – market participant. Kyle also highlights how strategic thinking about nitrogen oxide (NOx) and volatile organic compounds (VOCs) will likely apply to future decarbonization strategies and urges firms to prioritize their emissions plans.

In this episode of the Bracewell Environmental Law Monitor, co-hosts Daniel Pope and Taylor Stuart talk with Brittany Pemberton, a partner in Bracewell’s environment, lands and resources practices to make sense of EPA’s Good Neighbor Rule, derived from the Clean Air Act’s Good Neighbor provision aimed at reducing cross-state air pollution. Tune in to hear a high-level summary of the Good Neighbor Rule, a discussion of how the Rule is affecting regulated industries and a summary of the status of current litigation.

In this episode of the Bracewell Environmental Law Monitor, host Daniel Pope talks with administrative law scholar Kristin Hickman, McKnight Presidential Professor in Law, Distinguished McKnight University Professor and Harlan Albert Rogers Professor in Law at the University of Minnesota Law School, about the history and influence of Chevron deference, its significance in the current legal landscape, the separation of powers arguments and the role of stare decisis in the context of Chevron deference. They also discuss Loper Bright Enterprises v. Raimondo and its potential implications. Tune in to hear them unpack the issues surrounding Chevron and what post-Chevron administrative law might look like.

In this episode of the Bracewell Environmental Law Monitor, host Daniel Pope talks with Jackie Medcalf, founder, CEO and executive director of the Texas Health and Environment Alliance, and Steven Cook, of counsel in Bracewell’s environment, lands and resources practice about how companies and government agencies can better engage with communities on environmental issues. They discuss the challenges of communicating with the public, the reasons why early and open dialogue initiation is important and strategies that project managers can use to get their message across while letting residents be heard. Tune in for tips on how to balance cost-effectiveness and community concerns when addressing Superfund and construction projects. 

In this episode of the Bracewell Environmental Law Monitor, host Daniel Pope talks with Jason Hutt, head of Bracewell’s environment, lands and resources practice, about the environmental aspect of the critical US Supreme Court case United States v. Bestfoods and the specific circumstances in which a court could hold a parent corporation responsible for the actions or management practices of its subsidiary. Tune in for practical takeaways that corporate counsel can use to manage liability and minimize risk.

In this episode of the Bracewell Environmental Law Monitor, host Daniel Pope discusses the role of tax incentives in the energy transition with Elizabeth McGinley, chair of Bracewell’s tax department and Steven Cook, of counsel in Bracewell’s environment, land and natural resources practice.

Jeff Holmstead is a partner in our environment, lands and resources group in our Washington, DC office. Jeff Oldham is a partner in our litigation and appellate practice in Houston and Austin.

Jeff Holmstead is a partner in our Environment, Lands and Resources group who joins us from our Washington DC office. Jeff Oldham is a partner in our Litigation and Appellate practice group in Houston and Austin.

Tyler is senior counsel in Bracewell’s Seattle office and has a broad background advising international energy clients across a wide array of regulatory issues. Taylor is an associate in the environment, lands and resources group in Washington, DC.

Kevin Collins is a partner in our Austin office.  He is a former Assistant U.S. Attorney from the Eastern District of Texas, and he helps manage the problems that arise during government investigations.

Jason Hutt is a partner in our DC office and chair of the firm’s environmental department.  He advises and defends clients on the complex environmental and energy issues of our day.

Robert Wagman is a partner in our DC office and heads up the government contracts practice.  He does a lot of government enforcement work.

Jason Hutt is a partner in our Washington DC office and chair of the Environment, Lands and Resources practice.

Mike Borkowski is the president of the Community Power Group.

Chad is vice president for environment and regulatory affairs at the US Chamber of Commerce. Andrew is deputy chief counsel at the US Chamber Litigation Center. Ann is a partner in our DC office, advising on and litigates under the federal laws and policies governing natural resources and the environment.

On this episode of the Bracewell Environmental Law Monitor, host Daniel Pope is joined by Will Marsh, Travis Counts and Tim Wilkins to discuss how general counsel and in-house counsel are addressing developments in the world of environmental, social and governance (ESG).

From 1998 to 2020, Will held various in-house positions at Baker Hughes, including as general counsel from 2013 to 2017 and chief legal officer from 2017 to 2021.

Prior to joining Bracewell, Travis served as in-house counsel at two of the largest independent oil companies in the United States. From 2013 to 2021, he held various officer positions at Concho Resources, including most recently as senior vice president, general counsel and corporate secretary. He also held in-house legal positions at Petrohawk Energy and Halcon Resources from 2010 to 2013.

Tim is co-chair of the firm’s ESG practice and managing partner of the Austin office.

For any questions you may have about managing environmental risk in the transactional context, contact Daniel Pope, Tim Wilkins, or Tony Visage.

The opinions expressed in this podcast are those of the speakers and do not necessarily reflect the viewpoint of their institutions or clients.

Craig Haas is a senior environmental scientist. He is currently the national manager for EPA’s Chemical Accident Prevention Regulatory Enforcement program.

Kevin Collins is a partner in Bracewell’s Austin office, where helps clients manage the problems that arise during government investigations.

For any questions you may have about RMP regulations, please contact Daniel Pope or Kevin Collins.

The opinions expressed in this podcast are those of the speakers and do not necessarily reflect the viewpoint of their institutions or clients.

Seth is a Bracewell partner and and draws on his experiences serving as the principal associate deputy attorney general of the United States and the acting US attorney for the Eastern District of New York to advise companies and individuals on a range of matters, including cyber security and breach response

Phil is the managing partner of Bracewell’s Seattle office and co-host of Bracewell Sidebar. Phil regularly conducts internal investigations and defends corporations and executives facing allegations of fraud, product defect, antitrust violations, environmental crimes, bribery, insider trading, tax offenses and other allegations of business-related misconduct or regulatory violations.

The opinions expressed in this podcast are those of the speakers and do not necessarily reflect the viewpoint of their institutions or clients.

Be sure to listen to Episode 5 - WOTUS, the ESA, and Permitting through Changing Regulations with Ann Navaro and Brittany Pemberton, where Daniel Pope and guests discuss the Clean Water Act and give more background to this episodes update.

Have questions or podcast requests? Feel free to email Daniel Pope at daniel.pope@bracewell.com

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Have questions or podcast requests? Feel free to email Daniel Pope at daniel.pope@bracewell.com

Are you enjoying Environmental Law Monitor? Subscribe so you never miss an episode! Already subscribed? Then share our podcast with a colleague and leave us a review so we can use your feedback for future episodes.