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Jody Freeman
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The Supreme Court heard arguments on Wednesday in a set of cases that could pave the way for its conservative supermajority to undercut how American…
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‘Chevron deference’ faces existential test
January 17, 2024
Jody Freeman pinpoints the key question in the case before the Supreme Court: ‘Who decides when laws aren’t clear — courts or agencies?’
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‘Chevron deference’ faces existential test
January 17, 2024
When federal agencies interpret and enforce the laws passed by Congress, are they fulfilling their statutory duties or emboldening “the administrative state”? On Wednesday, the…
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The Supreme Court is set to hear arguments on Wednesday that, on paper, are about a group of commercial fishermen who oppose a government fee…
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Environmental Law Series: Sackett v. EPA, Water, & Wetlands
October 27, 2023
Professor Jody Freeman discusses SCOTUS’ Sackett v. EPA ruling, and its impact on the EPA’s powers, Clean Water Act protections, and the regulation of wetlands.
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The U.S. Supreme Court’s decision blocking the Biden administration’s forgiveness of federal student loans cements the conservative majority’s desire to check broad agency authority, but…
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The Supreme Court, in the midst of a run of decisions that have stress-tested the core principles of US democracy, has rarely been so aggressive…
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Aggressive rules proposed by the Biden administration to drastically speed up the country’s transition to electric vehicles, and significantly cut the auto pollution that is…
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Combining forces to accelerate climate action here, there, now
February 15, 2023
The recipients of the first grants awarded by Harvard’s Salata Institute for Climate and Sustainability will tackle a range of climate change challenges, seeking to reduce future warming and assist those whose lives already have been affected by the crisis.
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Andrew Mergen will lead the Emmett Environmental Law and Policy Clinic at Harvard Law
January 3, 2023
Former Department of Justice chief and appellate lawyer Andrew Mergen will join Harvard Law School as director of the Emmett Environmental Law and Policy Clinic.
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How inflation act may help rescue greenhouse-gas goals of repealed Clean Power Plan
November 16, 2022
Harvard Law School professors Richard Lazarus and Jody Freeman discuss the importance of the Inflation Reduction Act in light of the Supreme Court’s decision to block the Obama-era Clean Power Plan.
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How inflation act may help rescue greenhouse-gas goals of repealed Clean Power Plan
November 16, 2022
The Supreme Court delivered a major blow to U.S. climate change efforts in June when it struck down the Obama-era Clean Power Plan, which had…
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A global beacon on climate change
October 28, 2022
This article was originally published in the Harvard Gazette. Jean Salata is a climate optimist, enough to often elicit a gentle eyeroll from his…
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California gas-powered car ban could fuel GOP legal battle
September 1, 2022
California last week approved the country’s most ambitious electric vehicle targets, with the state’s Air Resources Board voting to ban the sale of gas-powered cars…
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When the Supreme Court restricted the ability of the Environmental Protection Agency to fight climate change this year, the reason it gave was that Congress…
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Harvard Law School experts weigh in on the Supreme Court’s final decisions.
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President Joe Biden made waves last year when he tapped Gina McCarthy as his climate adviser, prompting concern among Republicans that she would lead an aggressive campaign to regulate emissions. Republican lawmakers who had waged war on past climate rules predicted the former Obama EPA administrator would seize the regulatory reins from Biden’s EPA chief, Michael Regan, and reinstate rules that were scrapped during the Trump administration or tied up in court. ... Jody Freeman, who founded the Harvard program, said McCarthy would know that the air office was “in very capable hands” when it comes to Clean Air Act regulation. Freeman worked with McCarthy as White House counselor on energy and climate issues under Obama, when McCarthy headed EPA. She said McCarthy would be aware of jurisdictional boundaries between the White House and EPA when it comes to regulation, and likely wouldn’t redraw those lines now that she’s on the other side of them. “I would expect they’d be working quite hand-in-glove and quite cooperatively, because they all know each other and they’re deeply experienced with these rules,” she said.
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Inspiring change
April 22, 2022
On Earth Day, we highlight some of the work being done by Harvard Law students, scholars, clinics, and programs to address some our most pressing environmental issues.