CleanLaw
Education & Explainer
About
The Harvard Law School Environmental & Energy Law Program influences policy discussions about environmental, climate, and energy issues. EELP offers robust legal analysis and practical governance solutions that will move these discussions forward.
Episodes
- EP114 — The Student Environmental Law Experience at HLS: Research, Clinics, and Community
Professors Jody Freeman and Richard Lazarus speak with three Harvard Law students about their experiences in environmental law at HLS, covering research, clinics, and community life.
- EP113—The "God Squad's" Unprecedented Endangered Species Act National Security Exemption
In EP113, Erika Kranz and Andy Mergen of the Harvard Emmett Environmental Law & Policy Clinic examine the administration's use of a national security provision to exempt oil and gas activities in the Gulf of Mexico from the Endangered Spec…
- EP112—Legal Implications of the US Withdrawal from the UNFCCC
CleanLaw features Jody Freeman and Sue Biniaz discussing the legal ramifications of the US withdrawal from the UNFCCC. They cover the convention's function, domestic and international consequences of the withdrawal, and its effect on US cr…
- EP111—Behind the Curtain of the Clean Utility Transition
In EP111, Dale Bryk and Jamie Van Nostrand explore the regulatory frameworks governing utilities, how these rules influence investment decisions, and the implications for consumer energy bills amid the shift to clean energy.
- EP110—How Maine Became a Heat Pump Leader
Maine is leading home electrification with over 150,000 heat pumps installed. Efficiency Maine Trust executive director Michael Stoddard discusses the state's independent approach, simple program design, and business partnerships driving t…
- EP109—Cumulative Impacts and the ‘Holy Grail’ of EJ Policy
In CleanLaw episode EP109, Hannah Perls speaks with Charles Lee and Sean Moriarty about cumulative impacts analysis. They explore how states are utilizing this approach in permitting and other programs to enhance protections for overburden…
- Ep108—What Science and the Law Say about EPA’s Authority to Regulate GHGs
Jody Freeman, Richard Lazarus, and Solomon Hsiang discuss the EPA's authority to regulate greenhouse gas emissions, examining the legal and scientific basis for the agency's Endangerment Finding and its recent proposed repeal.
- Ep107—Trump's Move to Kill the Clean Air Act's Climate Authority, Forever
In this CleanLaw and Shift Key crossover episode, Professor Jody Freeman, Robinson Meyer, and Jesse Jenkins discuss the Trump administration's proposed finding that greenhouse gases are not dangerous pollutants and the potential for the EP…
- EP106—Bipartisan Reflections on EPA’s Past, Present, and Future (Part II)
This episode features a discussion with former EPA administrators William Reilly and Christine Todd Whitman, reflecting on their tenures and the agency's trajectory, including impacts of current changes and the importance of public service.
- EP105—Bipartisan Reflections on EPA’s Past, Present, and Future (Part I)
In this episode, Jody Freeman and Gina McCarthy discuss McCarthy's tenure as EPA Administrator, the agency's mission, and collaborative approaches to environmental justice and climate change.
- EP104—Breaking Down Recent Changes to NEPA from Agencies, Congress, and the Courts
Hannah Perls speaks with Professor Andrew Mergen about recent updates to the National Environmental Policy Act (NEPA). They cover new agency procedures, the Supreme Court's Eagle County opinion, and congressional amendments, discussing the…
- EP103—The Future of Environmental Justice with MA AG Andrea Campbell and Vernice Miller-Travis
Massachusetts Attorney General Andrea Campbell and Vernice Miller-Travis discuss the dismantling of federal environmental justice programs under the Trump administration and ongoing efforts by states and organizations to protect public hea…
- Ep102—Unpacking the White House’s Legal Strategy for Attacking Environmental Protection
Jody Freeman, Carrie Jenks, and Ari Peskoe discuss the Trump administration’s executive orders on climate, energy, and the environment, including the rollback of regulations and challenges to state policies.
- Ep 101—Who Will Pay for Data Centers’ Massive Power Bills? It’s Probably You.
Ari Peskoe and Eliza Martin from the Electricity Law Initiative discuss how utility companies are expanding infrastructure to power new data centers. They examine how rate-setting processes and contracts may shift energy costs from Big Tec…
- Ep 100—Trump’s Bold Reversal on Energy and Climate Policy: ‘It’s a Lot’
CleanLaw Ep 100 features Jody Freeman, Richard Lazarus, Andy Mergen, and Carrie Jenks discussing the Trump administration’s energy and climate policy reversals. They analyze the immediate and long-term effects of these actions and emphasiz…
- Ep 99—Title VI of the Civil Rights Act, Part II: Environmental Justice Lawyering in Practice
In CleanLaw Ep 99, Hannah Perls, Debbie Chizewer, and Nick Leonard discuss environmental justice lawyering and the application of Title VI of the Civil Rights Act for frontline communities. This episode is the second in a two-part series o…
- Ep 98—60 Years of Title VI of the Civil Rights Act, Part 1: LA v EPA
This episode of CleanLaw features Olatunde Johnson and Hannah Perls discussing the history and evolution of Title VI of the Civil Rights Act and its significance to the environmental justice movement. The conversation addresses a recent fe…
- Monumental Decisions: The Antiquities Act and Presidential Authority
Sara Dewey and Andy Mergen discuss the Antiquities Act, presidential authority to designate national monuments, and historical and contemporary legal challenges to these designations, including potential Supreme Court cases.
- Ep 96—Suite of Supreme Court Decisions Undermine Administrative Law
EELP Director Jody Freeman and Harvard Law Professor Andy Mergen analyze the 'Quagmire Quartet' of Supreme Court decisions impacting administrative law, including the overturning of the Chevron doctrine and its consequences for federal age…
- Ep 95—The Road to Clean Cars and Clean Air: California's Pivotal Role
This episode of CleanLaw features Jody Freeman and Mary Nichols discussing California's significant influence on US clean car and air regulations across different administrations. They cover the evolution of emissions rules, automaker resp…
- Ep 94—FERC’s New Approach to Improving Transmission Investment, Order No. 1920
CleanLaw's Ep 94 features Ari Peskoe, Claire Wayner, and Casey Baker discussing FERC's Order No. 1920. They examine how this order aims to increase investment in high-voltage transmission lines to support clean electricity sources while en…
- Ep 93 — Wicked Resilient: Climate Adaptation in Massachusetts
In episode 93, Hannah Perls and Deanna Moran explore the legal and policy drivers of climate adaptation in Massachusetts. They discuss building codes, utility resilience strategies, permitting processes, and advocacy for a resilient New En…
- Ep 92 — The Endangered Species Act at 50: Potent Statute, Risky Future
CleanLaw Episode 92 discusses the Endangered Species Act on its 50th anniversary, featuring Harvard Law Professor Richard Lazarus and Andy Mergen. They cover the act's history, its successes in species protection, and potential future risk…
- Ep 91—Global and US Methane Initiatives
This episode covers international and domestic initiatives to reduce methane emissions, including the Global Methane Pledge and the Biden administration’s final methane rule. It features discussions on technological innovations for detecti…
- Ep 90—Replacing the Utility Transmission Syndicate’s Control, Ari Peskoe & Hannah Dobie
Ari Peskoe, director of the Electricity Law Initiative, joins Staff Attorney Hannah Dobie to discuss Peskoe’s article, "Replacing the Utility Transmission Syndicate’s Control." They examine the influence of FERC’s legal authority on region…
- Ep 89—3 lawsuits on auto emissions, 1 UAW strike, and the EV transition
In episode 89 of CleanLaw, host Jody Freeman speaks with Kevin Poloncarz and Jack Ewing about three lawsuits concerning auto emissions standards and their potential impact on the Biden administration's climate policy. The discussion also c…
- Ep 88: Loper Bright and the fate of Chevron with Jody Freeman and Andy Mergen
In CleanLaw Ep 88, Harvard Law Professor Jody Freeman and Clinic Director Andy Mergen discuss the Supreme Court case Loper Bright Enterprises v. Raimondo. The case challenges the Chevron doctrine, which guides judicial deference to agency…
- Ep 87: Charleston: Race, Water, and the Coming Storm
This episode discusses "Charleston: Race, Water, and the Coming Storm," a book by Susan Crawford. The conversation covers the city's growth, profit focus, historical racism, and the mounting pressures from development and water-related env…
- Ep. 86: Sackett v. EPA Decision — What the Justices Said and What this Means for Water
The Supreme Court's Sackett v. EPA decision, relying on a dictionary definition, is expected to limit Clean Water Act protections for wetlands and streams. Experts discuss how this ruling deviates from Congressional intent and may hinder t…
- Ep 85: Quick Take — The Debt Ceiling Bill and NEPA Permitting Reform
EELP
- Ep 84: Quick Take — Good News for Clean Energy from the Supreme Court w/ Ari Peskoe and Carrie Jenks
On CleanLaw, Executive Director Carrie Jenks and Electricity Law Initiative Director Ari Peskoe analyze the Supreme Court's National Pork Producers Council v. Ross decision. Peskoe explains how the ruling on a California pork product sales…
- Ep 83: EPA's Proposed Power Sector Rules w/ Jody Freeman, Jay Duffy, Kevin Poloncarz, Carrie Jenks
EELP’s Jody Freeman and Carrie Jenks, along with Jay Duffy and Kevin Poloncarz, discuss the EPA’s proposed greenhouse gas regulation for the power sector. They analyze how the Supreme Court’s decision in West Virginia v. EPA and the Inflat…
- Ep 82: Equitable Disaster Insurance & Climate Change w/Hannah Perls, Carolyn Kousky, & Sean Hecht
Hannah Perls, Dr. Carolyn Kousky, and Sean Hecht discuss the past, present, and future of disaster insurance in the context of climate change. They explore how governments can help design insurance markets to redistribute and mitigate clim…
- Ep 81: Journey to the Electrification of the Transportation Sector w/Jody Freeman and Chet France
Jody Freeman and Chet France analyze the EPA's recent proposal for vehicle greenhouse gas emission standards. They explore how subsidies from the infrastructure bill and Inflation Reduction Act might affect implementation and discuss poten…
- Ep 80: The Making of Environmental Law with Richard Lazarus and Carrie Jenks
Carrie Jenks and Richard Lazarus discuss the updated edition of "The Making of Environmental Law." They cover the field's development over two decades, the judiciary's changing role, environmental justice, and climate change.
- Ep 79: The Good Neighbor Plan for Interstate Ozone Pollution with Carrie Jenks and Hannah Dobie
In this episode of CleanLaw, Carrie Jenks and Hannah Dobie discuss the EPA’s “Good Neighbor Plan,” a new regulation aimed at reducing interstate ozone pollution by requiring power plants to cut smog-forming pollutants. They also touch upon…
- Ep 78—Quick Take: Legal issues from the East Palestine Train Derailment
In this CleanLaw episode, Sara Dewey and Hannah Perls discuss the legal and regulatory issues surrounding the East Palestine train derailment. They cover the roles of federal agencies in the response, the EPA cleanup order, and potential r…
- Ep 77—Quick Take: The Dakota Access Pipeline with Hannah Perls and Carrie Jenks
CleanLaw's Executive Director Carrie Jenks and Staff Attorney Hannah Perls discuss updates on the Dakota Access Pipeline, including the Army Corps of Engineers' draft environmental impact statement and related litigation concerning the Sta…
- Ep 76—BSEE’s Proposed Offshore Oil Drilling Safety Regulations with Lowry Yankwich and Chris Eaton
Lowry Yankwich and Chris Eaton discuss the Bureau of Safety and Environmental Enforcement's proposed safety regulations for offshore oil drilling, focusing on Blowout Preventer Systems and Well Control Revisions. The rule aims to protect w…
- Ep 75—EPA’s Methane Regulations with Carrie Jenks, Kyle Danish, and Dan Zimmerle
In CleanLaw Ep 75, Carrie Jenks, Kyle Danish, and Dan Zimmerle discuss the EPA's proposed regulations for reducing methane emissions in the oil and natural gas sector. The conversation covers how the proposed framework aims to facilitate t…
- Ep 74—Oregon's Clean Fuel Standards with Abby Husselbee and Cory-Ann Wind. Album: CleanLaw
EELP Legal Fellow Abby Husselbee interviews Cory-Ann Wind, Program Manager of Oregon's Clean Fuels Program. They discuss the program's benefits, history, legal challenges, and lessons learned.
- 73—Current Challenges and Opportunities for Electric Transmission, with Ari Peskoe and Hannah Oakes
Ari Peskoe and Hannah Oakes discuss challenges in electric transmission regulation, including how current systems disincentivize regional build-out. They cover Ari's work in FERC proceedings and potential actions by Congress, states, and u…
- 72-Legislating Environmental Justice in New York with Prof. Rebecca Bratspies and Hannah Perls
Professor Rebecca Bratspies of CUNY School of Law discusses recent environmental justice legislation in New York with Hannah Perls. The conversation touches on the implications for environmental regulation, community involvement, and speci…
- 71-Corporate Net Zero Committments: GE’s Roger Martella speaks with Lowry Yankwich
Lowry Yankwich speaks with GE
- 70-IRA and its Clean Energy Implications with Jody Freeman and Greg Dotson
Harvard Law Professor Jody Freeman and University of Oregon Law Professor Greg Dotson discuss the climate and clean energy provisions within the Inflation Reduction Act, exploring its potential implications for clean energy development and…
- 69-WV v. EPA Pt 2: Implications for Regulating the Power Sector J. Freeman, K. Poloncarz, & J. Duffy
This episode of CleanLaw features Jody Freeman, Jay Duffy, and Kevin Poloncarz discussing the Supreme Court's West Virginia v. EPA decision. They explore the potential implications for clients and for reducing greenhouse gas emissions in t…
- 68-WV v EPA Pt 1: Breaking Down the Court’s Opinion: Jody Freeman, Richard Lazarus, and Carrie Jenks
Jody Freeman, Richard Lazarus, and Carrie Jenks discuss the Supreme Court's ruling in West Virginia v. EPA on CleanLaw. The discussion covers the majority opinion, concurrence, dissent, and the potential impact of the major questions doctr…
- 67-Power Plant Greenhouse Gas Emissions and West Virginia v. EPA, What's Next? Freeman and Lazarus
Jody Freeman and Richard Lazarus discuss the Supreme Court case West Virginia v. EPA. The case addresses the EPA's authority to regulate greenhouse gas emissions from the power sector, which could affect future EPA rules.
- 66-Fixing the National Flood Insurance Program with Joel Scata and Hannah Perls
Joel Scata, a Water and Climate Attorney, and EELP Legal Fellow Hannah Perls discuss the National Flood Insurance Program (NFIP). They cover its history, FEMA
- 65—Clean Car Rules with Jody Freeman and Chet France
Jody Freeman and Chet France discuss the development and renewal of clean car rules, highlighting the current moment as potentially transformational for the Clean Air Act, the auto industry, and climate change.