CleanLaw

HLS Environmental & Energy Law Program
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Aug 18, 2025 • 53min

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
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Aug 6, 2025 • 1h 6min

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
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Jul 31, 2025 • 57min

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
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Jul 29, 2025 • 51min

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
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Jul 15, 2025 • 45min

EP104—Breaking Down Recent Changes to NEPA from Agencies, Congress, and the Courts

EELP attorney Hannah Perls speaks with Professor Andrew Mergen, faculty director of Harvard’s Emmett Environmental Law and Policy Clinic, about the latest updates to the National Environmental Policy Act, including new agency implementing procedures, the Supreme Court’s recent opinion in Eagle County, and amendments included in the One Big Beautiful Bill recently passed by Congress. They talk about what these changes mean in practice for project developers, impacted communities, and the environment. Transcript: https://eelp.law.harvard.edu/wp-content/uploads/2025/07/CleanLaw_EP104-Transcript.pdf Links: NEPA overview https://eelp.law.harvard.edu/nepa-overview/ NEPA Regulatory Tracker page https://eelp.law.harvard.edu/tracker/nepa-environmental-review-requirements/ NEPA after Eagle County decision https://eelp.law.harvard.edu/the-future-of-nepa-and-federal-permitting-after-eagle-county/ CEQ's template and agencies' procedures https://eelp.law.harvard.edu/decoding-agencies-new-nepa-procedures/ "Energy emergency" declaration https://eelp.law.harvard.edu/the-trump-administrations-aggressive-anti-regulatory-pro-fossil-fuel-directives/
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May 13, 2025 • 53min

EP103—The Future of Environmental Justice with MA AG Andrea Campbell and Vernice Miller-Travis

EELP Senior Staff Attorney Hannah Perls speaks with the Attorney General of Massachusetts, Andrea Joy Campbell, and Vernice Miller-Travis, Executive Vice President and Environmental Justice Lead at the Metropolitan Group. They discuss the Trump administration’s efforts to dismantle federal environmental justice and equity programs, funding, and priorities, and what those changes mean for critical infrastructure, toxics-free housing, access to clean air and clean water, and more. They also discuss what states and community-based organizations are doing in this moment to safeguard public health and environmental protections in Massachusetts and nationwide. Transcript: https://eelp.law.harvard.edu/wp-content/uploads/2025/05/CleanLaw_EP103-Transcript.pdf Links: Multi-State Guidance Concerning Diversity, Equity, Inclusion, and Accessibility Employment Initiatives, from 16 state attorneys general, Feb. 13, 2025 https://www.mass.gov/doc/multi-state-guidance-concerning-diversity-equity-inclusion-and-accessibility-employment-initiatives/download Toxic Wastes and Race in the United States, a report from the United Church of Christ’s Commission for Racial Justice, 1987 https://www.ucc.org/wp-content/uploads/2020/12/ToxicWastesRace.pdf Searchable map of facilities invited by EPA to apply for presidential exemptions from air pollution limits, compiled by EDF, April 30, 2025 https://www.edf.org/maps/epa-pollution-pass/
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11 snips
Apr 30, 2025 • 54min

Ep102—Unpacking the White House’s Legal Strategy for Attacking Environmental Protection

In this discussion, Ari Peskoe, a director at EELP focused on electricity law, and Carrie Jenks, EELP's executive director, dive into President Trump's latest executive orders affecting energy and climate. They dissect the implications of deregulation and the challenge to state energy policies, especially regarding the coal industry. Concerns about funding freezes for clean energy initiatives arise, alongside discussions on environmental grants and litigation risks. The dialogue highlights the evolving legal landscape and possible overreach in environmental regulations, sparking broader implications for public health.
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8 snips
Mar 23, 2025 • 37min

Ep 101—Who Will Pay for Data Centers’ Massive Power Bills? It’s Probably You.

Eliza Martin, an EELP Fellow at Harvard Law School, joins Ari Peskoe to discuss the financial implications of data centers on utility rates. They unveil how tech giants like Amazon and Google negotiate attractive power rates, affecting everyday consumers. The duo highlights the hidden costs passed to residential ratepayers through opaque contracts and raises concerns about the expansion of infrastructure. They also examine the complex relationship between data centers and utility companies, particularly the environmental and financial challenges posed by co-location with nuclear plants.
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Feb 13, 2025 • 59min

Ep 100—Trump’s Bold Reversal on Energy and Climate Policy: ‘It’s a Lot’

EELP founding director and Harvard Law Professor Jody Freeman speaks with Harvard Law Professor Richard Lazarus, Andy Mergen, director of the Harvard Law Emmett Environmental Law and Policy Clinic, and Carrie Jenks, executive director of the Environmental and Energy Law Program. They discuss the Trump administration’s actions to date on climate, energy, environment, and natural resources and break down which actions have an immediate effect, what will take time, and what they will be watching for, including actions affecting the federal workforce. They also discuss why the practice and study of law matter now more than ever. Transcript at https://eelp.law.harvard.edu/wp-content/uploads/2025/02/CleanLaw_EP100-Transcript.pdf Our analysis of the Trump administration's initial executive orders https://eelp.law.harvard.edu/trumps-environmental-and-energy-executive-orders-initial-insights-and-what-were-watching/ Our rollback resources https://eelp.law.harvard.edu/topic/rollback-resources/ Our Regulatory Tracker https://eelp.law.harvard.edu/tracker-type/regulatory-tracker/ Our Federal Environmental Justice Tracker https://eelp.law.harvard.edu/tracker-type/environmental-justice-tracker/
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Dec 2, 2024 • 42min

Ep 99—Title VI of the Civil Rights Act, Part II: Environmental Justice Lawyering in Practice

EELP senior staff attorney Hannah Perls speaks with speaks with Debbie Chizewer and Nick Leonard about environmental justice lawyering, including leveraging Title VI of the Civil Rights Act on behalf of frontline communities. Debbie Chizewer is a managing attorney with Earthjustice based in Chicago, where she leads the organization's Midwest litigation strategy. Nick Leonard is the executive director of the Great Lakes Environmental Law Center based in Detroit, which provides legal representation to communities across Michigan. This is the second episode in a 2-part series on Title VI. Transcript at https://eelp.law.harvard.edu/wp-content/uploads/2024/12/CleanLaw_EP99.pdf Links mentioned in episode: Episode I in this series https://soundcloud.com/user-995691545/ep-9860-years-of-title-vi-of-the-civil-rights-act-part-1-la-v-epa Great Lakes Environmental Law Center https://glelc.org/ Earthjustice Midwest Office https://earthjustice.org/office/midwest CARE v. EPA, No. 4:15-03292-SBA (N.D. Cal.) https://earthjustice.org/wp-content/uploads/114.20order20032030202018.pdf US Ecology Agreement between Michigan EGLE and Complainants https://www.sierraclub.org/sites/default/files/2024-08/title-vi-use-north-2024-08-29-title-vi-complaint-agreement-complaint-no-20-001-d-use-north-final_.pdf

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