Environmental Law Monitor

In this episode of the Environmental Law Monitor, Jason Hutt and Jacob Brandes, attorneys in Bracewell’s environment, lands and resources practice, join host Daniel Pope to discuss parent-company operator liability under the Clean Air Act through United States v. EES Coke Battery, LLC. They examine the district court’s application of the Supreme Court’s Bestfoods framework beyond its familiar CERCLA cleanup context.

A company can face operator liability when it participates in and controls a facility’s day-to-day environmental operations, even if another entity holds the permit. Jason and Jacob outline the facility’s permitting and reporting violations, the penalties and relief ordered, and the court’s reasoning for holding three parent entities liable alongside the subsidiary. The conversation also looks closely at the evidence of control: broad master services agreements, parent-company involvement in operations and authority over compliance spending.

In this episode of the Environmental Law Monitor, Daniel Pope shares a conversation from Bracewell's Data Center Counsel with Jared Berg and Jason Hutt.

The trio explores why brownfield sites — former industrial properties like old power plants and steel mills — are increasingly attractive to data center developers thanks to existing power infrastructure and water access. They discuss navigating CERCLA liability, conducting thorough environmental due diligence, structuring asset sales to manage legacy contamination risk, and the growing debate over water usage in Texas.

The conversation also highlights how brownfield programs can protect developers and why state and local policy engagement is critical to project success.

In this episode of the Bracewell Environmental Law Monitor, host Daniel Pope is joined by Shailesh Sahay and Stephen Wald to discuss how ESG compliance is evolving as California and international regulators take the lead on climate disclosure requirements.

The conversation explores California’s emerging greenhouse gas disclosure regimes — including SB 253 and SB 261 — and the complexities of Scope 1, 2 and 3 emissions reporting. Scope 1 covers direct emissions from company operations; Scope 2 covers purchased energy; and Scope 3 covers indirect emissions across a company’s value chain, including supply chain and downstream activities.

The group also examines the growing role of international ESG frameworks, particularly in Europe, and the ongoing evolution of global reporting standards.

The episode addresses litigation risks tied to environmental claims, carbon offsets and greenwashing allegations, along with the governance implications for corporate directors under evolving compliance obligations. While federal ESG initiatives have slowed, environmental disclosure and climate-related compliance requirements continue to expand, creating new legal, operational and governance risks for companies across industries.

A quieter federal enforcement environment presents both risk and opportunity. On this episode of Environmental Law Monitor, Daniel Pope and Tim Wilkins explore how companies should respond.

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.

Scott Segal joins Taylor Stuart and Daniel Pope on the Bracewell Environmental Law Monitor to unpack the sweeping impact of the “One Big Beautiful Bill” on the US energy sector. From policy changes and the future of electric vehicles, to rising energy demand from AI and data centers, the conversation highlights why a diverse energy mix is essential to powering America’s future.

In the latest episode of The Environmental Law Monitor, Bracewell’s Anouk Nouet joins Daniel Pope to delve into the complexities of criminal negligence in environmental law. Using United States v. Hanousek and a major oil spill in Alaska as a case study, they unpack the legal intricacies and the unexpected outcome for Edward Hanousek, the roadmaster of the White Pass and Yukon Railroad, offering valuable insights into responsibilities and liabilities in environmental management.

In the latest episode of the Bracewell Environmental Law Monitor, Ann Navaro joins hosts Daniel

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, Jeff Holmstead joins Daniel Pope and Taylor Stuart to discuss greenhouse gas regulations, the controversial endangerment finding and the future of environmental policy under the second Trump administration. They delve into the origins of the endangerment finding for greenhouse gases and explore its implications and the potential impact of current administration efforts to reconsider it.

On this episode of the Environmental Law Monitor, Daniel Pope and Taylor Stuart discuss the shifting landscape under the new Trump administration, comparing regulatory actions and priorities with those of previous administration, and delve into the complexities of NEPA regulations, endangered species and the impact of political changes on environmental legal practice. They explore how these transitions will affect legal practitioners and the energy sector and speculate on what to expect in the coming months.

A conversation with Chad Whiteman of the United States Chamber of Commerce about the new Phase 2 regulations the Council on Environmental Quality promulgate that changes the NEPA review process.