CleanLaw

In our first CleanLaw Quick Take*, our Executive Director Carrie Jenks and Staff Attorney Hannah Perls walk through the latest updates on the Dakota Access Pipeline. Hannah explains how the US Army Corps of Engineers' announcement about its upcoming draft environmental impact statement might affect the future of the pipeline, and how litigation between the Standing Rock Sioux Tribe and the Army Corps got us to this point. Carrie and Hannah also review the Tribe's concerns in that litigation, what will happen after the draft environmental impact statement is released, and how other federal actions might affect what's in the Army Corps' draft. You can stay updated on the Dakota Access Pipeline on our Regulatory Tracker Page. http://eelp.law.harvard.edu/2018/09/dakota-access-pipeline/ Here is a transcript of this episode http://eelp.law.harvard.edu/wp-content/uploads/Transcript-77-DAPL-QT-with-Hannah-and-Carrie.pdf *CleanLaw Quick Takes are mini episodes where our staff break down a current topic in environmental or energy law in ten minutes or less. These episodes are designed for general audiences as well as practitioners.

Recent HLS graduate Lowry Yankwich speaks with Earthjustice attorney Chris Eaton about the Bureau of Safety and Environmental Enforcement's proposed Blowout Preventer Systems and Well Control Revisions rule for oil and gas operations in the Outer Continental Shelf. This rule is intended to protect workers and prevent oil spills, and is part of the reforms instituted since the Deepwater Horizon tragedy. Lowry and Chris discuss the arc of this rulemaking through the Obama, Trump, and Biden presidencies, and Chris explains its technical and legal aspects. You can stay updated on this rule on our BSEE Regulatory Tracker page https://eelp.law.harvard.edu/tracker/bsee-blowout-preventer-and-well-control-rule/ Here is a transcript of this episode https://eelp.law.harvard.edu/wp-content/uploads/2025/04/Transcript-76-Lowry-and-Chris.pdf

Carrie Jenks, our executive director, speaks with Kyle Danish, a partner at Van Ness Feldman, and Dan Zimmerle, the director of the Methane Emissions Program at Colorado State University. They discuss EPA's recently released supplemental proposal to reduce methane emissions from the oil and natural gas sector, and how the regulatory framework EPA has proposed is designed to enable the use of advanced technologies to better detect and therefore reduce emissions. You can read more about EPA's proposed rule in our white paper EPA’s Supplemental Methane Proposal—A Comprehensive Regulatory Framework to Encourage Use of Advanced Technologies and Significantly Reduce Methane Emissions. https://eelp.law.harvard.edu/epa-supplemental-methane-proposal/ Here's the link to a transcript of this episode https://eelp.law.harvard.edu/wp-content/uploads/2024/08/Transcript-Carrie-Dan-and-Kyle.pdf

EELP Legal Fellow Abby Husselbee speaks with Cory-Ann Wind, the Program Manager of Oregon’s Clean Fuels Program in the Oregon Department of Environmental Quality. Cory has worked for ODEQ for over 29 years, the last 12 in fuels, transportation, and climate policy. Abby and Cory discuss clean fuel standards and their benefits, Oregon’s program and history, prior legal challenges to their programs, and some lessons learned.  Here's the link to a transcript of this episode https://eelp.law.harvard.edu/wp-content/uploads/2024/10/Transcript-Cory-Ann-and-Abby.pdf

Director of our Electricity Law Initiative Ari Peskoe spoke with Staff Attorney Hannah Oakes about electric transmission regulation and how it has disincentivized regional transmission build out. They discuss Ari’s work in recent FERC transmission proceedings, and how Congress, states, and utilities can help catalyze transmission development to enable the clean energy transition. Transcript: https://eelp.law.harvard.edu/wp-content/uploads/2025/04/Hannah-and-Ari-transcript.pdf Links they discuss include: The Electricity Law Initiative’s Comment on FERC’s proposed rule on long-term regional transmission planning responds to FERC’s proposal to reinstate rights of first refusal and discusses the benefits of retaining competitive transmission development. Comment is here https://eelp.law.harvard.edu/wp-content/uploads/2024/10/Harvard-ELI-RM21-17-NOPR-Comment.pdf FERC rule is here https://elibrary.ferc.gov/eLibrary/filedownload?fileid=2fae9f65-2968-cdf2-94ba-804ef7300000 ELI's comments on FERC oversight of transmission rates proposes new oversight mechanisms, including an independent transmission monitor, designed to protect consumers from inefficient transmission investments. Link is here https://eelp.law.harvard.edu/wp-content/uploads/2024/10/AD22-8-AriPeskoe-PreTechConStatement.pdf At around 30 minutes, Ari mistakenly says that Congress’ 2021 infrastructure law provides $5 billion for resilience and reliability investments. The law actually provides more than $10 billion for such investments.

Hannah Perls speaks with Professor Rebecca Bratspies at the City University of New York (CUNY) School of Law and founding Director of the Center for Urban Environmental Reform, which works with community groups seeking to obtain full and meaningful participation in environmental decision-making. They discuss recent environmental justice legislation (EJ) in New York, and what these legislative wins mean for environmental regulation and overburdened communities in the state. Prof. Bratspies also speaks about the Center’s EJ comic book series and her work with Renewable Rikers, a campaign to transform the Rikers Island correctional facility into a renewable energy center. Center for Urban Reform and EJ comics are here https://www.law.cuny.edu/cuer/ Renewable Rikers is here https://www.renewablerikers.org/ Here is a transcript of this episode https://eelp.law.harvard.edu/wp-content/uploads/2024/09/Hannah-and-R-Bratspies-transcript.pdf

Lowry Yankwich, a recent graduate of HLS, speaks with Roger Martella, GE's Chief Sustainability Officer. They discuss GE’s recent sustainability commitments and how the company is tackling its operational and downstream emissions across the aviation, public health, and power sectors. A note for our listeners – this episode was recorded before Congress passed of the Inflation Reduction Act. For a transcript of this episode click here https://eelp.law.harvard.edu/wp-content/uploads/2025/04/CleanLaw-71-Roger-Martella-and-Lowry-Yankwich.pdf CleanLaw Production Team: Robin Just, Andy Dolph, Sara Levy, and Hannah Perls

Harvard Law Professor and EELP’s Founding Director Jody Freeman, who is also an independent director of ConocoPhillips, speaks with Greg Dotson, an associate professor at the University of Oregon School of Law and recent Democratic chief counsel to the Senate Committee on Environment and Public Works. Jody and Greg discuss the climate and clean energy provisions in the Inflation Reduction Act and the potential implications for clean energy development and addressing climate change. Transcript: https://eelp.law.harvard.edu/wp-content/uploads/2024/10/Jody-and-Greg-Dotson-IRA_.pdf CleanLaw Production Team: Robin Just, Andy Dolph, Sara Levy, and Hannah Perls

EELP’s Founding Director Jody Freeman, who is also an independent director of ConocoPhillips, speaks with Jay Duffy, an attorney at Clean Air Task Force, and Kevin Poloncarz, a partner at the law firm Covington and Burling, about what the Supreme Court’s decision in West Virginia v. EPA means for their clients and the potential implications for reducing greenhouse gas emissions from the power sector. For a transcript of this episode see here: https://eelp.law.harvard.edu/wp-content/uploads/2024/08/Jody-Jay-Kevin-WV-v-EPA-part-2_.pdf CleanLaw Production Team: Robin Just, Andy Dolph, and Sara Levy

Professor Jody Freeman, who is also an independent director of ConocoPhillips, Professor Richard Lazarus, and EELP Executive Director Carrie Jenks discuss the Supreme Court’s decision in West Virginia v. EPA. They break down the majority decision, concurrence, and dissent, and discuss how the major questions doctrine could affect EPA regulations addressing greenhouse gases and other key regulatory priorities for the Biden administration. Transcript: https://eelp.law.harvard.edu/wp-content/uploads/2024/08/Jody-Richard-Carrie-WV-v-EPA-part-1_.pdf CleanLaw Production Team: Robin Just, Andy Dolph, and Sara Levy