Environmental Law Monitor

Women have become more prominent and influential in environmental law. What better time to celebrate and recognize women lawyers than during Women’s History Month?

On this episode of the Bracewell Environmental Law Monitor, hostTaylor Stuart is joined by three guests who focus their practice on environmental issues:Christine Wyman, senior counsel atChevron, along withBrittany Pemberton, partner, andSara 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.

The Edwards Aquifer is the primary source of drinking water for many people in central Texas. The deep caverns of the aquifer are also home to two species of blind catfish.

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.

Go generate emissions credits. It’s worth it.

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.

On this episode of the Bracewell Environmental Law Monitor, we look back at the significant developments in environmental and natural resources law and policy in 2023, as well as look ahead to what's to come in 2024. Co-hosts Daniel Pope and Taylor Stuart talk with Ann Navaro and Tim Wilkins, partners in Bracewell’s environment, lands and resources practice, about a range of topics, including the Biden administration’s climate and environmental justice goals, Waters of the United States, renewable energy regulatory developments, and much more.

It can be difficult to keep track and make sense of all the activity under the EPA’s Clean Air Act programs and regulations.

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.

Since the 1980s, Chevron deference has set the standard for when courts should defer to reasonable agency interpretations of ambiguous statutes. That may all change, however, as the US Supreme Court will reconsider the Chevron deference in Loper Bright Enterprises v. Raimondo.

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.

“Community engagement” is a frequently used but rarely defined term. What does community engagement mean, and, more importantly, how do you do it well?

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.

When is a corporate parent potentially liable for the actions or omissions of its subsidiary related to the release of hazardous substances? Hint: If a party is in a position to control the environmental risk, it could be held liable.

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.

Tax incentives for carbon capture are aimed at accomplishing societal good. They’re not just putting money in the pockets of big corporations.

In this episode of the Bracewell Environmental Law Monitor, hostDaniel 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.

In the second of a two-part episode of the Bracewell Environmental Law Monitor, host Daniel Pope continues the conversation with Bracewell partner Steven Cook about per- and polyfluoroalkyl substances (PFAS). They explore the unique challenges presented by the ubiquity of PFAS in society and how government and industry stakeholders can assess and respond to the long-term adverse consequences.