CleanLaw
CleanLaw
HLS Environmental & Energy Law Program
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.
EP114 — The Student Environmental Law Experience at HLS: Research, Clinics, and Community
Professor and EELP Founding Director Jody Freeman and Professor Richard Lazarus talk with three HLS students about what drew them to environmental law, their experience at the Emmett Environmental Law Center, including working at EELP and in the environmental law and policy clinic, favorite courses, and what life at HLS is really like. Transcript: https://eelp.law.harvard.edu/wp-content/uploads/2026/05/CleanLaw-114.pdf
May 7
46 min
EP113—The "God Squad's" Unprecedented Endangered Species Act National Security Exemption
EELP Staff Attorney Erika Kranz talks with Andy Mergen, Director of the Harvard Emmett Environmental Law & Policy Clinic, about the recent decision to exempt oil and gas exploration and development in the Gulf of Mexico from complying with the Endangered Species Act. The administration has invoked a never-before-used national security provision to bypass the Endangered Species Committee's normal, process-intensive exemption procedure. Andy and Erika break down how the Act usually works and why this maneuver is so legally extraordinary. They discuss why the administration's litigation-focused explanation is surprising, how this approach short-circuits potential action by courts and Congress, what may happen with legal challenges to this exemption decision, and what it may mean for endangered species protections in the Gulf. Note: Andy's views are his own. Transcript: https://eelp.law.harvard.edu/wp-content/uploads/2026/04/CleanLaw-EP113-Transcript.pdf
Apr 9
42 min
EP112—Legal Implications of the US Withdrawal from the UNFCCC
EELP Founding Director and Harvard Law Professor Jody Freeman speaks with Sue Biniaz, former Principal Deputy Special Envoy for Climate at the US State Department and lecturer at the Yale Jackson School of Global Affairs. For nearly three decades, Sue served as the United States’ lead climate lawyer and climate negotiator. Together, Jody and Sue break down the significance of the recent US announcement to withdraw from the United Nations Framework Convention on Climate Change. They explain what the UNFCC does, the domestic and international legal implications of withdrawal, and what this move—along with the earlier withdrawal from the Paris Agreement—means for US credibility on the global stage. They also look ahead, exploring how climate progress can continue beyond the UNFCC and Paris, and the need to develop bipartisan consensus for durable climate actions.  Transcript: https://eelp.law.harvard.edu/wp-content/uploads/2026/01/CleanLaw-EP112-Transcript.pdf Legal and Practical Implications of the U.S. Withdrawal from the U.N. Framework Convention on Climate Change by Sue Biniaz and Jean Galbraith https://www.justsecurity.org/128687/implications-us-withdrawal-unfccc/
Jan 26
51 min
EP111—Behind the Curtain of the Clean Utility Transition
EELP director of State and Regional Climate Policies Dale Bryk talks with Jamie Van Nostrand, recent chair of the Massachusetts Department of Public Utilities, the entity that oversees investor-owned electric and gas utilities. Together, they dive into the regulatory frameworks that govern utilities, how those rules drive utility investments, and what that means for consumer energy bills in the transition to clean energy.    Transcript: https://eelp.law.harvard.edu/wp-content/uploads/2025/11/CleanLaw-EP111-Transcript.pdf
Nov 20, 2025
40 min
EP110—How Maine Became a Heat Pump Leader
What does it take to electrify a cold-weather state? Maine is leading the nation in home electrification, with more than 150,000 heat pumps installed and counting. Efficiency Maine Trust executive director Michael Stoddard joins EELP’s Abby Husselbee to talk about how Maine’s independent approach, simple program design, and partnership with small businesses are transforming home heating and cutting emissions.
Nov 5, 2025
54 min
EP109—Cumulative Impacts and the ‘Holy Grail’ of EJ Policy
EELP's Hannah Perls speaks with environmental justice pioneer Charles Lee, former director of EPA's Office of Environmental Justice and principal author of the landmark 1987 report, Toxic Wastes and Race in the United States, and now a visiting scholar at Howard University School of Law, and Sean Moriarty, former deputy commissioner with the New Jersey Department of Environmental Protection. They discuss the growing field of cumulative impacts analysis and how states are increasingly using this tool in permitting and other programs to advance meaningful protections for overburdened communities across the country. Transcript: https://eelp.law.harvard.edu/wp-content/uploads/2025/10/CleanLaw_EP109-Transcript.pdf Toxic Wastes and Race in the United States: https://www.ucc.org/what-we-do/justice-local-church-ministries/efam/environmental-justice/environmental-ministries_toxic-waste-20/ New Jersey Department of Environmental Protection's Environmental Justice Archives: https://dep.nj.gov/ej/archive/#meeting-20210624 EELP's EJ Tracker page on EPA's cumulative impacts efforts: https://eelp.law.harvard.edu/tracker/epa-released-interim-framework-for-advancing-consideration-of-cumulative-impacts/ National Academies of Sciences, Engineering, and Medicine's State-of-the-Science and the Future of Cumulative Impact Assessment report: https://www.nationalacademies.org/our-work/state-of-the-science-and-the-future-of-cumulative-impact-assessment The New School Tishman Environment and Design Center's Cumulative Impacts Dashboard map of EJ laws: https://www.tishmancenter.org/cumulativeimpacts
Oct 17, 2025
49 min
Ep108—What Science and the Law Say about EPA’s Authority to Regulate GHGs
EELP's Founding Director and Harvard Law Professor, Jody Freeman, speaks with Harvard Law Professor Richard Lazarus and Solomon Hsiang, Professor of Global Environmental Policy at the Stanford Doerr School of Sustainability. They speak about EPA's recent proposal to repeal the agency's 2009 Endangerment Finding, and dig into the legal and scientific arguments offered by EPA. They discuss whether the Supreme Court decision in Massachusetts v. EPA already answers some of these legal questions and the state of the science on climate change: what we knew in 2009 when EPA first made its Endangerment Finding, and how our understanding has continued to improve. Transcript: https://eelp.law.harvard.edu/wp-content/uploads/2025/08/CleanLaw_EP108-Transcript.pdf eelp.law.harvard.edu
Aug 18, 2025
53 min
Ep107—Trump's Move to Kill the Clean Air Act's Climate Authority, Forever
In this special crossover episode of CleanLaw and Shift Key, Heatmap's weekly podcast on decarbonization and the shift away from fossil fuels, EELP’s Founding Director Professor Jody Freeman speaks with Shift Key hosts Robinson Meyer, the Founding Executive Editor of Heatmap News, and Jesse Jenkins, Professor of Energy Systems Engineering at Princeton University.  They discuss the Trump administration's proposed finding that that carbon dioxide and other greenhouse gases are not dangerous pollutants and the potential for EPA to soon surrender its ability to regulate heat-trapping pollution from cars and trucks, power plants, and factories. They also talk about whether Trump gambit will work, the arguments that the administration is using, and what it could mean for the future of U.S. climate and energy policy. Transcript: https://eelp.law.harvard.edu/wp-content/uploads/2025/08/CleanLaw_EP107-Transcript.pdf
Aug 6, 2025
1 hr 5 min
EP106—Bipartisan Reflections on EPA’s Past, Present, and Future (Part II)
In the second of this two-part series, EELP's Founding Director and Harvard Law Professor Jody Freeman speaks with William Reilly, EPA Administrator under President George H.W. Bush, and Christine Todd Whitman, EPA Administrator under President George W. Bush. They discuss their time at EPA including efforts to simultaneously advance environmental protections and economic growth. They also discussed the consequences of current changes to the agency under the Trump administration, including the loss of scientific expertise, and they highlight current career opportunities for people dedicated to public service. Transcript: https://eelp.law.harvard.edu/wp-content/uploads/2025/07/CleanLaw_EP106-Transcript.pdf
Jul 31, 2025
56 min
EP105—Bipartisan Reflections on EPA’s Past, Present, and Future (Part I)
In the first of this two-part series, EELP's Founding Director and Harvard Law Professor Jody Freeman speaks with Gina McCarthy, EPA Administrator under President Obama and the White House National Climate Advisor under President Biden. They discuss Gina's time at EPA, including the agency's mission to safeguard public health and the environment through actions that rely on robust science, technology, data, and policymaking expertise. They also review current actions by the Trump administration and discuss how private and nonprofit stakeholders and federal and state policymakers can work together to make progress on climate change and other environmental justice and public health issues. Transcript (PDF): https://eelp.law.harvard.edu/wp-content/uploads/2025/07/CleanLaw_EP105-Transcript.pdf
Jul 29, 2025
50 min
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