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Andrew Mergen

Visiting Assistant Clinical Professor of Law

Spring 2023

Andrew Mergen
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Andrew Mergen is a Visiting Assistant Clinical Professor of Law and Faculty Director of the Emmett Environmental Law & Policy Clinic. Prior to joining the Harvard Law School faculty, Andrew Mergen served in the Appellate Section of the Environment & Natural Resources Division (ENRD) at the United States Department of Justice. Professor Mergen began his career at the Justice Department in the Honors Program and concluded his career as Chief of ENRD’s Appellate Section. He has presented oral arguments in all 13 federal courts of appeals, including two en banc courts, and before several state intermediate and supreme courts. He has also worked on over a dozen merits cases in the Supreme Court of the United States. In addition, in 2009, Professor Mergen assisted the Office of White House Counsel on the confirmation of the Honorable Sonia Sotomayor as Associate Justice of the Supreme Court. During his career at the Justice Department, Professor Mergen received the Attorney General’s Award for Distinguished Service three times. He also received ENRD’s Muskee-Chafee Award, honoring his work’s significant contribution to protecting the environment.

Before entering clinical teaching, Professor Mergen taught at several law schools including, Harvard Law School (Advanced Environmental Law), the University of Michigan Law School (Natural Resources Law) and the William S. Richardson School of Law, University of Hawaii-Manoa (Administrative Law). Professor Mergen has written about federal water rights in “A Misplaced Sensitivity: The Draft Opinions in Wyoming v. United States” (68 Colo. L. Rev. 683 (1997), with Sylvia F. Liu); energy development on public lands in “Surface Tension: The Problem of Federal Private Split Estates” (33 Land & Water L. Rev. 419 (1998)); climate change and the Endangered Species Act in “The Role of Climate Change in ESA Listing Decisions” (53 Rocky Mt. Min. L. Fdn. 67 (2016), with Murray Feldman) and the accommodation of Native American sacred sites on federal land in “Finding the Path Forward for Indigenous Sacred and Cultural Spaces on Federal Public Land,” 68 Nat. Resources & Energy L. Inst. 32-1 (2022). Professor Mergen is a graduate of the University of Wisconsin—Madison and the George Washington University Law School.