Jody Freeman

Archibald Cox Professor of Law

Director, Environmental Law Program

Biography

Jody Freeman is the Archibald Cox Professor of Law and the founding director of the Harvard Law School Environmental Law and Policy Program. She is a leading scholar of both administrative law and environmental law and has written extensively on federal agency regulation, climate change, energy and environmental policy, and executive authority. Professor Freeman’s book, GLOBAL CLIMATE CHANGE AND U.S. LAW (co-edited with Michael Gerrard) was published in 2015. For Professor Freeman's scholarly articles go here.

Professor Freeman served in the White House as Counselor for Energy and Climate Change in 2009-10, where she was the architect of the president’s historic agreement with the auto industry to double fuel efficiency standards, launching the administration’s greenhouse gas program under the Clean Air Act. In her role, she also contributed to a host of initiatives on renewable energy, energy efficiency, transmission policy and oil and gas drilling, as well as the administration’s effort to pass climate and energy legislation. 

After leaving the administration, Freeman served as an independent consultant to the President's bipartisan Commission on the BP Deepwater Horizon Oil Spill. She has been appointed to the Administrative Conference of the United States, the government think tank for improving the administrative and regulatory process, and elected the American College of Environmental Lawyers. In 2012, Professor Freeman was elected as an outside director of ConocoPhillips, where she serves on the public policy and compensation committees. 

Professor Freeman has written for the New York TimesWall Street JournalGuardian Los Angeles Times. Politico and Foreign Affairs and is a frequent guest on national public radio.  You can follow professor Freeman on Twitter at @JodyFreemanHLS.

Interviews:

  • For Inauguration Day interview with Professor Freeman about Trump's threatened environmental rollback listen here.
  • For an interview with Professor Freeman on clean energy trends and incoming Trump administration, listen here
  • For an interview with Professor Freeman on Trump and renewable energy, go here.
  • For a podcast of Professor Freeman discussing Trump’s cabinet picks for environmental agencies listen here: http://knowledge.wharton.upenn.edu/article/what-will-trumps-cabinet-picks-mean-for-the-environment/
  • For a video interview with Professor Freeman on the potential impact of a Trump presidency on climate and energy policy go here.
  • For Professor Freeman's interview with VOX on obstacles to a Trump rollback of energy/climate/environmental policy, see: http://www.vox.com/energy-and-environment/2016/12/7/13855470/donald-trump-epa-climate-regulations.
  • See Professor Freeman's immediate post-election analysis of what Trump can and can’t do, including limits on executive power to unilaterally undo the Paris Agreement and key climate rules here.
  • Professor Freeman debates whether "EPA has gone Overboard” on climate policy in IQ2 debate here: full debate: https://www.youtube.com/watch?v=Sc7KsgZt0TQ; edited version: https://www.youtube.com/watch?v=aoxmJe1OgYk.
  • Professors Freeman & Lazarus break down marathon day of oral argument in DC Circuit over legality of Obama's Clean Power Plan here.
  • Professors Freeman & Lazarus explain EPA’s Clean Power Plan (the Obama policy to curb GHG pollution from the power sector), here.
  • To see Professor Freeman and Professor Lazarus discuss the Supreme Court's Environmental Law and Energy Cases from the 2014 and 2015 terms, go here.
  • For Professor Freeman’s analysis of the legal defensibility of the President’s Clean Power Plan, go here: Politico; For an explanation on why utilities will benefit from it, here: NYT piece; and for an assessment of its legal and political prospects, here:  Guardian piece. For an extensive interview on the plan’s impact, listen here: public radio interview (scroll to Freeman segment).
  • For an NPR interview on International Climate Negotiations and US-China Deal, go here: Takeaway Piece .

Jody Freeman & David Spence, Old Statutes, New Problems, 163 U. Pa. L. Rev. 1 (2014).
Categories:
Government & Politics
,
Environmental Law
Sub-Categories:
Climate Change
,
Energy & Utilities Law
,
Oil, Gas, & Mineral Law
,
Administrative Law & Agencies
,
Congress & Legislation
,
Statutory Interpretation
Type: Article
Global Climate Change and U.S. Law (Jody Freeman & Mike Gerrard eds., A.B.A. 2d ed. 2014).
Categories:
Environmental Law
Sub-Categories:
Climate Change
Type: Book
Jody Freeman & Jim Rossi, Agency Coordination in Shared Regulatory Space, 125 Harv. L. Rev. 1131 (2012).
Categories:
Government & Politics
,
Disciplinary Perspectives & Law
,
Health Care
,
Discrimination & Civil Rights
Sub-Categories:
Law & Public Policy
,
Law & Economics
,
Law & Behavioral Sciences
,
Administrative Law & Agencies
,
Congress & Legislation
,
Statutory Interpretation
,
Executive Office
,
Food & Drug Law
,
Health Law & Policy
Type: Article
Jody Freeman, Don’t Roll Back Vehicle Fuel Standards, N.Y. Times, Mar. 8, 2017, at A23.
Categories:
Environmental Law
Sub-Categories:
Climate Change
,
Oil, Gas, & Mineral Law
Type: News
Abstract
An editorial is presented on U.S. Donald Trump administration's attempt to rollback fuel efficiency standards for vehicles set by former President Obama and it states it is a retrograde step as the standards were set based on available technologies and to protect the environment.
Jody Freeman, A Critical Look at “The Moral Case For Fossil Fuels”, 36 Energy L.J. 327 (2015).
Categories:
Environmental Law
,
Government & Politics
Sub-Categories:
Climate Change
,
Energy & Utilities Law
,
Oil, Gas, & Mineral Law
,
Natural Resources Law
Type: Article
Jody Freeman, Why I Worry About UARG, 39 Harv. Envtl. L. Rev. 9 (2015).
Categories:
Environmental Law
,
Government & Politics
Sub-Categories:
Climate Change
,
Energy & Utilities Law
,
Administrative Law & Agencies
,
Supreme Court of the United States
,
Statutory Interpretation
Type: Article
Ronald A. Cass, Colin S. Diver, Jack M. Beermann & Jody Freeman, Administrative Law: Cases and Materials (Wolters Kluwer 7th ed. 2015).
Categories:
Government & Politics
,
Legal Profession
Sub-Categories:
Administrative Law & Agencies
,
Separation of Powers
,
Legal Education
Type: Book
Abstract
This outstanding author team presents administrative law as a vital force in policymaking, law enactment, and politics. Look for these key features of the new edition: • Addition of important new cases on recess appointments, Chevron Step Two, “Seminole Rock” deference, occupational licensing, and FOIA Exemption 2. • Substantial enrichment of materials on formal adjudication under the APA. • Splitting of the policymaking chapter into two chapters (choice of policymaking instruments and rulemaking) for greater clarity and teaching flexibility. • Updating and streamlining of the materials on licensing. • Presentation of important classic and secondary cases in squib format. • Substantial streamlining, condensing, and reorganizing of background notes.
Jody Freeman, Teaching an Old Law New Tricks, N.Y. Times, May 30, 2014, at A27.
Categories:
Environmental Law
Sub-Categories:
Renewable Resources Law
,
Oil, Gas, & Mineral Law
,
Energy & Utilities Law
Type: News
Jody Freeman & Kate Konschnik, U.S. Climate Change Law and Policy: Possible Paths Forward, in Global Climate Change and U.S. Law 795 (Jody Freeman & Michael B. Gerrard eds., A.B.A. 2nd ed. 2014).
Categories:
Environmental Law
Sub-Categories:
Climate Change
Type: Book
Abstract
This comprehensive, current examination of U.S. law as it relates to global climate change begins with a summary of the factual and scientific background of climate change based on governmental statistics and other official sources.
Jody Freeman, The Obama Administration's National Auto Policy: Lessons from the "Car Deal", 35 Harv. Envtl. L. Rev. 344 (2011).
Categories:
Environmental Law
,
Government & Politics
,
Discrimination & Civil Rights
Sub-Categories:
Law & Public Policy
,
Climate Change
,
Administrative Law & Agencies
,
Congress & Legislation
,
Executive Office
,
Government Accountability
,
State & Local Government
,
Statutory Interpretation
,
Separation of Powers
Type: Article
Daniel A. Farber, Jody Freeman & Anne Carlson, Environmental Law: Cases and Materials (West Acad. Publ'g 8th ed. 2009).
Categories:
Environmental Law
,
Legal Profession
Sub-Categories:
Legal Education
Type: Book
Abstract
The Eighth Edition provides up-to-date treatment of climate change issues.
J. R. DeShazo & Jody Freeman, Timing and Form of Federal Regulation: The Case of Climate Change, 155 U. Pa.. L. Rev. 1499 (2007).
Categories:
Environmental Law
,
Government & Politics
Sub-Categories:
Climate Change
,
Administrative Law & Agencies
,
Congress & Legislation
,
Public Law
Type: Article
Jody Freeman, Extending Public Accountability Through Privatization: From Public Law to Publicization, in Public Accountability: Designs, Dilemmas and Experiences 83 (Michael L. Dowdle, ed., Cambridge Univ. Press, 2006).
Categories:
Government & Politics
Sub-Categories:
Government Accountability
Type: Book
Abstract
In this chapter, I suggest a counterintuitive way to view American privatization trends. Instead of seeing privatization as a means of weakening the state and reducing public accountability, I imagine it as a mechanism for expanding public accountability's reach into realms traditionally thought private. In other words, privatization can be a means of "publicization," a process through which private actors increasingly commit themselves to traditionally public goals as the price of access to lucrative opportunities to deliver goods and services, and to perform functions that might otherwise be provided directly by the state. Rather than compromising democratic norms of accountability, due process, equality, and rationality -- as some critics of privatization fear it will -- privatization might extend these norms to private actors through the judicious use of legislative, executive, judicial, and even social oversight.
Jody Freeman & Charles D. Kolstad, Moving to Markets in Environmental Regulation: Lessons from Twenty Years of Experience (Oxford Univ. Press 2006).
Categories:
Environmental Law
,
Government & Politics
Sub-Categories:
Administrative Law & Agencies
Type: Book
Abstract
Over the last decade, market-based incentives have become the regulatory tool of choice when trying to solve difficult environmental problems. Evidence of their dominance can be seen in recent proposals for addressing global warming (through an emissions trading scheme in the Kyoto Protocol) and for amending the Clean Air Act (to add a new emissions trading systems for smog precursors and mercury--the Bush administration's "Clear Skies" program). They are widely viewed as more efficient than traditional command and control regulation. This collection of essays takes a critical look at this question, and evaluates whether the promises of market-based regulation have been fulfilled. Contributors put forth the ideas that few regulatory instruments are actually purely market-based, or purely prescriptive, and that both approaches can be systematically undermined by insufficiently careful design and by failures of monitoring and enforcement. All in all, the essays recommend future research that no longer pits one kind of approach against the other, but instead examines their interaction and compatibility. This book should appeal to academics in environmental economics and law, along with policymakers in government agencies and advocates in non-governmental organizations.
J.R. DeShazo & Jody Freeman, Public Agencies as Lobbyists,105 Colum. L. Rev. 2217 (2005).
Categories:
Government & Politics
,
Disciplinary Perspectives & Law
Sub-Categories:
Law & Political Theory
,
Administrative Law & Agencies
,
Congress & Legislation
,
Politics & Political Theory
,
Public Law
,
Statutory Interpretation
Type: Article
Jody Freeman, The Story of Chevron: Environmental Law and Administrative Discretion, in Environmental Law Stories (Richard Lazarus & Oliver Houck eds., Found. Press 2005).
Categories:
Environmental Law
,
Government & Politics
Sub-Categories:
Administrative Law & Agencies
Type: Book
Abstract
.
Jody Freeman & Daniel A. Farber, Modular Environmental Regulation, 54 Duke L.J. 795 (2005).
Categories:
Environmental Law
,
Government & Politics
Sub-Categories:
Energy & Utilities Law
,
Oil, Gas, & Mineral Law
,
Administrative Law & Agencies
,
Congress & Legislation
,
Public Law
,
Politics & Political Theory
Type: Article
Jody Freeman, Collaborative Governance in the Administrative State, 45 UCLA L. Rev. 1 (1997).
Categories:
Government & Politics
Sub-Categories:
Administrative Law & Agencies
Type: Article
Abstract
This paper argues that the discretion-constraining impulses of most regulatory reinvention efforts fail to respond to the most serious weaknesses of rulemaking, implementation and enforcement. This is partly because reformers are encumbered by the theory and practice of interest representation and partly because administrative law lacks an alternative model of administrative decision making. The paper's purposes are threefold: (1) to offer a normative vision of collaborative governance against which to evaluate proposals for reform. Collaboration requires problem-solving, provisional solutions, broad participation, public-private sharing of responsibility and a flexible, engaged agency. (2) to illustrate how some innovative administrative processes, such as regulatory negotiation and negotiated permitting, embody elements of the collaborative model and to explain why, despite their promise, they fall short of the collaborative ideal. As examples, the paper relies on four case studies, two each of regulatory negotiation and EPA's Project XL. (3) to argue that the pursuit of collaboration requires a willingness to experiment with non-traditional source of accountability in order to address the problem of legitimacy.

Education History

Current Courses

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