Environmentally Speaking

Environmentally Speaking

Podcast host Clarice Parsons interviews Kerin Browning and Marisa Desautel, managing partners of Desautel Browning Law. They will leave you cracking up while discussing some serious topics around state / federal environmental law, utility / energy statutory and regulatory compliance, civil litigation, and municipal and regulatory zoning and permitting.

  1. Jun 11

    EP 136 - Understanding Client Confidentiality in Environmental Law

    In this episode of Environmentally Speaking, Marisa Desautel and Clarice Parsons explore attorney-client confidentiality and how it applies across the many types of clients encountered in environmental law practice. Marisa explains the differences between representing individuals, municipalities, state agencies, nonprofits, and other organizations, and discusses a key legal question: when the client is a group, who does the attorney actually represent? The conversation covers attorney-client privilege, legal ethics, executive sessions, public transparency requirements, municipal boards, and the challenges of balancing confidentiality with accountability in government settings. Marisa also explains when privilege applies, how it can be waived, and why not every conversation with an attorney is automatically protected. Clarice contributes insights from the mediation world, highlighting similarities between legal confidentiality and mediation agreements, including common exceptions and reporting requirements. Topics Covered: Attorney-client confidentiality Environmental and municipal law Organizational versus individual clients Planning boards and zoning boards State agencies and local government Executive sessions and open meetings laws Attorney-client privilege and waiver Mediation confidentiality Legal ethics and professional responsibility Join Marisa and Clarice for an engaging discussion on one of the most important—and often misunderstood—principles in legal practice.

    24 min
  2. May 29

    EP 135 - Zoning, Permitting & Property Control: What Stops a Project Before It Starts?

    In this episode of Environmentally Speaking, hosts Marisa Desautel and Clarice Parsons unpack one of the most misunderstood aspects of environmental and municipal permitting: site control, property interests, and why some projects fail before they even truly begin. What started as a social media reel and a “hot take” quickly turned into a deeper conversation about accountability in zoning and permitting. Marisa explains why permitting delays and denials are not always the fault of municipalities or regulatory agencies — and how applicants often overlook critical foundational requirements before submitting a project. Using real-world examples from environmental law and Rhode Island permitting processes, the episode explores: What “site custody and control” actually means Why property ownership and consent matter in permitting How easements, rights-of-way, condo associations, and shared property interests can complicate approvals The role of municipal boards and state agencies like DEM What happens when objections are filed against an application Why agencies often require disputes to be resolved in court before moving forward Clarice brings the perspective of someone outside the legal world, asking the questions many property owners, developers, and applicants may not think to ask until it’s too late. Together, she and Marisa break down the legal concepts in a practical and approachable way. If you’ve ever wondered why projects stall, why permits get denied, or how zoning and environmental approvals really work behind the scenes, this episode offers an informative look into the process — and the importance of doing your homework before filing an application. Have a reel or environmental topic you’d like discussed on the podcast? Reach out and let the hosts know what you’d like covered in a future episode. Hosted by: Marisa Desautel & Clarice Parsons Happy Memorial Day weekend, and thanks for listening to Environmentally Speaking!

    18 min
  3. Mar 19

    EP 133 - When Science Leaves the Bench: Climate Change, Courts, and Political Denial

    Podcast: Environmentally Speaking Host: Marisa Desautel Guest/Co-host: Clarice Parsons In this episode of Environmentally Speaking, Marissa Desautels and Clarice Parsons unpack a recent article raising concerns about the removal of climate change content from a scientific reference manual intended for judges. What starts as a reaction to a strange and troubling article quickly becomes a larger conversation about climate science denial, the role of expertise in the courtroom, and how recent changes in judicial deference may shift scientific decision-making away from agencies and toward judges. The conversation explores the legal, political, and practical consequences of sidelining climate science in judicial and regulatory spaces. Marissa and Clarice question whether static reference materials can ever substitute for expert testimony, especially in fields like climate science that evolve rapidly. They also connect the issue to the Supreme Court’s Loper Bright decision, arguing that reducing deference to agencies may not eliminate bias, but instead transfer power to judges who may lack technical expertise. What the judges’ reference manual on scientific evidence appears to be Why removing climate change material from that manual is so concerning How the issue relates to the Supreme Court’s Loper Bright decision Why agency expertise still matters in environmental decision-making The limits of judges and reference manuals in evaluating evolving science How climate denial continues to shape policy and public discourse Why symbolic climate commitments often fall short of meaningful action A broader question: what can actually be done when consensus is no longer realistic? Email: marisa@desautelbrowning.com Phone: 401-477-0023 Website: desautelbrowning.com Reference:  https://earth.org/political-attack-scientists-condemn-removal-of-climate-chapter-from-us-judges-reference-manual/

    18 min
  4. Mar 6

    EP 132 - The Endangerment Finding, Explained

    Podcast: Environmentally Speaking Host: Marisa Desautel Guest/Co-host: Clarice Parsons In this episode of Environmentally Speaking, Marisa Desautel and Clarice Parsons unpack the federal EPA’s rescission of the 2009 “endangerment finding,” a policy determination that has shaped greenhouse gas regulation for the past 16 years. They break down what the finding is, why its rollback matters, and how recent shifts in judicial thinking about agency authority may have opened the door to broader deregulatory action. The conversation explores the legal, environmental, and practical consequences of the rescission, from weakened climate oversight to uncertainty for industries and regulators. Marisa also reflects on how state programs, corporate compliance, and everyday consumer experiences, like start-stop car technology, may be affected by changing federal policy. What the EPA’s “endangerment finding” actually is Why the February 12 rescission is such a major development How the Clean Air Act has been used to regulate greenhouse gases The legal backdrop of recent Supreme Court limits on agency power Why rescinding non-statutory policy findings may be easier than undoing formal regulations The risks of deregulation for climate policy, air quality, and public health What this could mean for future agency rollbacks beyond the EPA A real-world example: start-stop technology in newer vehicles The endangerment finding was a 2009 EPA scientific determination that greenhouse gases endanger public health and welfare, giving the agency a basis to regulate emissions from sources like cars and trucks. Because the finding was not written into statute or formalized as a regulation, Marisa explains that it may have been especially vulnerable to rescission. The episode frames the rollback as part of a broader legal and political shift, especially after recent Supreme Court decisions limiting how much discretion federal agencies can exercise without explicit statutory authority. Marisa argues that the rescission is environmentally harmful and warns that it could signal wider efforts to dismantle non-statutory federal programs across agencies. The discussion also highlights uncertainty: litigation could reverse the move, industries may face inconsistent compliance expectations, and states may need to reassess how their own programs interact with federal changes. Email: Marissa@desautelbrowning.com Phone: 401-477-0023 Website: desautelbrowning.com Reference: President Trump and Administrator Zeldin Deliver Single Largest Deregulatory Action in U.S. History | US EPA

    22 min

Ratings & Reviews

5
out of 5
4 Ratings

About

Podcast host Clarice Parsons interviews Kerin Browning and Marisa Desautel, managing partners of Desautel Browning Law. They will leave you cracking up while discussing some serious topics around state / federal environmental law, utility / energy statutory and regulatory compliance, civil litigation, and municipal and regulatory zoning and permitting.

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