Environmental Law Monitor is a Bracewell podcast that addresses trends and developments in environmental law.
Chevron Overboard? Loper Bright Enterprises v. Raimondo With Prof. Kristin Hickman
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 With Jackie Medcalf
“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.
Determining Corporate Liability in the Context of Environmental Risk: Making Sense of United States v. Bestfoods
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.
The Role of Tax Incentives in Driving Carbon Capture and Environmental Compliance
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, 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.
Back to the Future, Part 2: Learning PFAS Lessons From the History of MTBE With Steven Cook
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.
Back to the Future, Part 1: Learning PFAS Lessons From the History of MTBE With Steven Cook
In the first of a two-part episode of the Bracewell Environmental Law Monitor, host Daniel Pope talks with Bracewell partner Steven Cook, who served as deputy assistant administrator at the EPA’s Office of Land and Emergency Management prior to joining the firm, about the ways that companies and agencies deal with per- and polyfluoroalkyl substances (PFAS) and a look back at the history of the methyl tert-butyl ether (MTBE) controversy and the lessons learned from that.