Clinic News

Clinic Files Amicus Brief on Behalf of Former AGs in the Exxon Mobil challenge to an investigation by current AG Maura Healey

On June 7, 2017, the Clinic filed an amicus brief on behalf of five former Massachusetts attorneys general in defense of a critical investigative tool known as a civil investigative demand (“CID”).  The case involves a claim by Exxon Mobil that the current AG, Maura Healey, should not be allowed to use a CID to compel Exxon to release information regarding its historic climate change-related disclosures.

Clinic Files Amicus Brief in the D.C. Circuit in Support of Mercury and Air Toxics Rule

On January 25, 2017, the Clinic filed an amicus brief in the U.S. Court of Appeals for the D.C. Circuit in Murray Energy Corporation, et al. v. United States Environmental Protection Agency, et al. on behalf of Elsie M. Sunderland and eight other scientists in the latest round of the Mercury and Air Toxics Rule litigation.

Clinic Director Jacobs to Moderate Panel Discussion at Dec. 13 Capturing the Carbon Dividend Symposium

Clinic Director Wendy Jacobs will be moderating a panel discussion on Implementing Cobenefits at the Capturing the Carbon Dividend: The Health Benefits of Climate Mitigation Symposium on Tuesday, December 13, 2016.

Climate Change Displacement Conference Featured In The Harvard Crimson

The conversation with Mary Robinson, Former President of Ireland, and Harvard Law School Dean Martha Minow from the “Climate Change Displacement: Finding Solutions to an Emerging Crisis” conference was featured in the October 21st edition of The Harvard Crimson.

Oct. 20-21 Events at the Climate Change Displacement: Finding Solutions to an Emerging Crisis Conference

There are two exciting events this week at the Climate Change Displacement: Finding Solutions to an Emerging Crisis Conference: 1) THURSDAY, OCTOBER 20: A Conversation Between Mary Robinson, Former President of Ireland; President, The Mary Robinson Foundation-Climate Justice; UN Special Envoy on El Niño and Climate and Harvard Law School Dean Martha Minow; and 2) FRIDAY, OCTOBER 21: Panel Discussion – “Addressing Climate Change Displacement Globally and Locally”. Click here for more information.

Clinic Director Jacobs Discusses Living Lab Initiatives in Harvard Gazette

Clinic Director Wendy Jacobs was featured in an October 6, 2016 article in the Harvard Gazette on the University’s Living Lab Initiatives.

SAVE THE DATE: “Climate Change Displacement: Finding Solutions to an Emerging Crisis”, October 20-21, 2016

The Clinic, along with the Immigration and Refugee Program and the International Human Rights Clinic, welcomes you to join us for a conversation with Mary Robinson, former President of Ireland and current UN Special Envoy on El Nino and Climate, and Dean Minow on October 20th; as well as a panel examining the challenges at the intersection of climate change, human rights, and displacement on October 21. Click here for more information.

Clinic’s Shaun Goho Authors Paper on the Legal Implications of Report-Back in Household Exposure Studies

Staff Attorney Shaun Goho recently authored a paper that was accepted for publication in the peer-reviewed journal Environmental Health Perspectives entitled The Legal Implications of Report-Back in Household Exposure Studies.

Clinic Submits Comments in Massachusetts Grid Modernization Proceedings and Electric Rate Case

In April 2016, the Clinic submitted comments to the Massachusetts Department of Public Utilities (“DPU”) in grid modernization proceedings and an electric rate case.

Environmental Law & Policy Clinic Hosts State Discussion of Legal Theories for Climate Change Responsibility

On Monday, April 25th, the Emmett Environmental Law & Policy Clinic hosted a workshop attended by staff from state Attorneys General offices to discuss the latest climate science and to think critically about legal theories for potentially assigning responsibility for climate impacts.

Clinic and Environmental Defense Fund (EDF) Release Fisheries Co-Management Paper

The Emmett Environmental Law & Policy Clinic, in collaboration with Environmental Defense Fund (EDF), released a new report entitled Fisheries Co-Management in the United States: Incentives, Not Legal Changes, Key, which finds that legal or regulatory barriers to the co-management of fisheries are largely non-existent or easily navigated where stakeholder support exists.

Clinic’s Jacobs, Goho Co-Author Commentary on Health Benefits of Mercury Regulation

Clinic Director Wendy Jacobs and Staff Attorney Shaun Goho recently co-authored a perspective commentary with faculty from several universities and departments, including Harvard’s School of Engineering and Applied Sciences (SEAS) and Syracuse University’s College of Engineering and Computer Science, on how the benefits associated with mercury emissions reductions outweigh the costs to industry.

Clinic Submits Comments on Proposed Regulations for Offshore Drilling in the Arctic

On May 27, 2015, the Clinic submitted comments on the Department of the Interior’s (“DOI”) proposed regulations for offshore exploratory oil drilling in the Arctic. The Clinic supported the agency’s proposals to require that operators maintain a secondary drill rig in the Arctic to respond to potential losses of well control and that operators have prompt access to, and immediately deploy, source control and containment equipment in the event of an oil spill.

Clinic Files Amicus Brief in the U.S. Supreme Court in State of Michigan v. Environmental Protection Agency

On March 4, 2015, the Clinic filed an amicus brief in the U.S. Supreme Court on behalf of the Union of Concerned Scientists in State of Michigan, et al. v. Environmental Protection Agency, et al. (U.S. 14-46 and consolidated cases).

Clinic Releases Report on Access to Information in Offshore Drilling

The Emmett Environmental Law & Policy Clinic released a new report, Offshore Drilling: Coordinating and Improving Access to Information, which recommends mechanisms for facilitating public access to, and intra- and inter-agency sharing of, information from companies engaged in offshore drilling.

Clinic Submits Comments on the Bureau of Ocean Energy Management’s (BOEM) Draft Second Supplemental Environmental Impact Statement (DSSEIS) for the Chukchi Sea Planning Area

The Emmett Environmental Law & Policy Clinic submitted comments on the Bureau of Ocean Energy Management’s (BOEM) Draft Second Supplemental Environmental Impact Statement (DSSEIS) for the Chukchi Sea Planning Area. The Clinic’s comments focus on the DSSEIS’s discussion of the risks associated with a very large oil spill and with the potential use of dispersants to respond to such a spill.

Clinic and Environmental Law Institute Submit Comments on Proposed Regulations to Implement the Fishery Management Plan for Regulating Offshore Aquaculture in the Gulf of Mexico

The Emmett Environmental Law & Policy Clinic, in collaboration with the Environmental Law Institute (ELI), submitted comments on regulations proposed by the National Marine Fisheries Service (NMFS) to implement the Fishery Management Plan for Regulating Offshore Aquaculture in the Gulf of Mexico (FMP).

Clinic Submits Comments on Proposed Rulemaking Regarding Oil Spill Response Planning by Railroads

The Emmett Environmental Law & Policy Clinic, in collaboration with other organizations, submitted comments on an Advanced Notice of Proposed Rulemaking issued by the Pipeline and Hazardous Materials Safety Administration (PHMSA) of the U.S. Department of Transportation (DOT).

Clinic Releases Report on Microgrids in Massachusetts

The Emmett Environmental Law & Policy Clinic released a new report, Massachusetts Microgrids: Overcoming Legal Obstacles, which summarizes the conclusions of the Clinic’s research into legal constraints on the ownership structure of microgrids in Massachusetts.

Barron Fellows Reflect on Their Work With the Emmett Environmental Clinic

Our Summer Barron Fellows were recently interviewed by the HLS Office of Clinical and Pro Bono Programs regarding their experiences working with the Emmett Environmental Law and Policy Clinic.

Students Visit Historic Dam that They Seek to Protect

Clinic students Sarah Peterson (JD ’15) and Albert Teng (JD ’15) started their academic year seeing the real world impact of their work.

Green Infrastructure Report Released

The Emmett Environmental Law & Policy Clinic and the Environmental Policy Initiative released a new report, Certifications for Green Infrastructure Professionals – The Current State, Recommended Best Practices, and What Governments Can Do to Help.

Clinic Releases Revised Edition of Its Fracking Guide for Landowners

The Clinic released a newly revised edition of its fracking guide today, entitled A Landowner’s Guide to Hydraulic Fracturing: Addressing Environmental and Health Issues in Oil and Gas Leases (Revised Edition, July 2014).

New Report on Regional and Municipal Stormwater Management

The Emmett Environmental Law & Policy Clinic and the Environmental Policy Initiative released a new report, Regional and Municipal Stormwater Management: A Comprehensive Approach.

The Clinic and Policy Initiative Release New Report on Responding to Landowner Complaints from Oil and Gas Activity

The Emmett Environmental Law & Policy Clinic and the Environmental Policy Initiative released a new report today, Responding to Landowner Complaints of Water Contamination from Oil and Gas Activity: Best Practices.

Clinic Amicus Brief Referenced During Supreme Court Oral Argument

During oral argument in UARG v. EPA, the greenhouse gas permitting case before the U.S. Supreme Court, Solicitor General Don Verrilli, arguing on behalf of EPA, cited the Emmett Environmental Law and Policy Clinic’s amicus brief.

Clinic Files Amicus Briefs in the U.S. Supreme Court and Massachusetts Supreme Judicial Court

On January 28, 2014, the Clinic filed an amicus brief in the U.S. Supreme Court case Utility Air Regulatory Group v. U.S. Environmental Protection Agency. The Clinic also filed two amicus briefs on February 14, 2014 in related cases before the Massachusetts Supreme Judicial Court involving a proposed power plant in Brockton, Massachusetts.

Clinic Files Amicus Briefs in the Massachusetts Supreme Judicial Court Regarding Brockton, MA Power Plant

The Clinic filed two amicus briefs on February 14, 2014 in related cases before the Massachusetts Supreme Judicial Court involving a proposed power plant in Brockton, Massachusetts.

Clinic Files Amicus Brief in U.S. Supreme Court Case, Utility Air Regulatory Group v. U.S. Environmental Protection Agency

On January 28, 2014, the Clinic filed an amicus brief in the case Utility Air Regulatory Group v. U.S. Environmental Protection Agency (U.S. Nos. 12-1146 and consolidated cases) on behalf of Calpine Corporation.

2014 Summer Internships at the Environmental Law and Policy Clinic

The Emmett Environmental Law & Policy Clinic is now accepting applications from 1Ls and 2Ls for summer internships.

Clinic Report Identifies Environmental Performance Indicators for Companies Proposing to Drill in the U.S. Arctic

In December 2013, the Emmett Environmental Law & Policy Clinic released a new report, Suggested Indicators of Environmentally Responsible Performance of Offshore Oil and Gas Companies Proposing to Drill in the U.S. Arctic.

New Clinic Report Reviews the Massachusetts Clean Energy and Climate Plan

The Emmett Environmental Law & Policy Clinic released a new report, Beyond the 2020 Plan: A Review of the Massachusetts Clean Energy and Climate Plan, in August 2013.

Clinic Study Recommends Changes to State Property Exemption for Solar Projects

A new analysis by the Emmett Environmental Law and Policy Clinic at Harvard Law School recommends the Massachusetts legislature remove confusion about tax incentives for solar photovoltaic (PV) projects, to enable more homeowners and business owners to install renewable energy.

Clinic Publishes White Paper on Offshore Aquaculture

As part of an ongoing collaboration with the Environmental Law Institute and the Ocean Foundation, the Emmett Environmental Law and Policy Clinic issued a new white paper on offshore aquaculture on June 28, 2013: Offshore Aquaculture Regulation Under the Magnuson-Stevens Fishery Conservation and Management Act

Goho Quoted in News Stories About Dryden Fracking Ordinance Litigation

Clinical Instructor Shaun Goho was quoted in several news stories in recent days regarding a case challenging a local ordinance that bans hydraulic fracturing (“fracking”) within the town’s borders.

Clinic Submits Comments on Draft Safety Culture Policy Statement for Offshore Drilling

The Environmental Law and Policy Clinic submitted comments today on the Bureau of Safety and Environmental Enforcement’s Draft Safety Culture Policy Statement for Offshore Drilling.

HLS Grad Praises Clinical Experience

Recent HLS graduate Nick McDaniel reflects on the value of his experience at the Emmett Environmental Law & Policy Clinic.

Clinic Student Argues and Examines Witnesses in Solar Licensing Case

Clinic student Zak Kearns (JD ’14) today made the opening argument and examined two witnesses in an administrative sanctions hearing as part of the Environmental Law and Policy Clinic’s ongoing work to defend the right of renewable energy companies to conduct business and install solar photovoltaic (PV) systems in Massachusetts.

Clinic Files Amicus Brief on Behalf of Professors Freeman, Lazarus, and Other Environmental Law Scholars

The Clinic filed an amicus brief in the case White Stallion Energy Ctr., LLC v. U.S. Environmental Protection Agency (D.C. Cir. No. 12-1100), which involves challenges to the Environmental Protection Agency’s landmark regulations governing emissions of hazardous air pollutants, including mercury, from coal-fired power plants.

Goho Publishes Op-Ed on LNG Exports

Clinical Instructor Shaun Goho today published an op-ed in Yale Environment 360 on proposals to export liquefied natural gas (LNG) from the United States.

New Clinic White Paper on Offshore Aquaculture and the Clean Water Act

The Emmett Environmental Law & Policy Clinic, in collaboration with the Environmental Law Institute (ELI) and the Ocean Foundation, released a white paper entitled Offshore Aquaculture Regulation Under the Clean Water Act in December 2012.

Clinic Victory for Renewable Energy

Led by Clinic Director and Clinical Professor Wendy Jacobs, HLS students have prevailed in a two-year battle to lift restrictions on the installation of solar power in Massachusetts,

Clinic Releases White Paper on Oversight of Offshore Drilling in the Arctic

The Clinic today released a white paper on offshore drilling, Recommendations for Improved Oversight of Offshore Drilling Based on a Review of 40 Regulatory Regimes.

Clinic Student Presents Oral Argument in Solar Licensing Case

On June 5, 2012, Environmental Law & Policy Clinic student Christopher Rendall-Jackson presented oral argument on a motion for summary judgment in Suffolk Superior Court in Carroll v. Board of State Examiners of Electricians.

Goho Publishes Article on Local Regulation of Hydraulic Fracturing

The American Planning Association’s journal Planning and Environmental Law today published an article by Clinical Instructor Shaun Goho on the ability of local governments to regulate hydraulic fracturing.

New Clinic Publication on Climate Adaptation and Insurance

In April 2012, the Environmental Law & Policy Clinic issued a white paper entitled Municipal Climate Change Adaptation and the Insurance Industry, which examines the ways in which coastal communities can work with the insurance industry to promote climate adaptation.

Clinic Files Amicus Brief in Case Challenging Unlimited Deregulation of Genetically Modified Alfalfa

On April 23, 2012, the Clinic filed an amicus brief on behalf of organic farmers, producers of organic foods, and organic advocacy organizations in a Ninth Circuit case, Center for Food Safety v. Vilsack, involving a challenge to the Department of Agriculture’s decision to allow the unrestricted use of Roundup-Ready alfalfa (RRA).

Goho Moderates Panel on Shale Gas at MIT Energy Conference

Clinical Instructor Shaun Goho moderated a panel at the MIT Energy Conference on March 17, 2012. The panel, titled “Managing the Shale Gas Revolution,” brought together representatives from industry, the environmental community, and academia to discuss the regulatory and technological challenges posed by the dramatic rise in natural gas extraction from shale formations.

Clinic Students Present Work on Offshore Drilling to U.S. Department of Interior

On March 6, 2012, Clinic students Douglas Hastings (JD ’13), Chase Romney (JD ’12), and Sophie Tease (LLM ’12) traveled to Washington D.C. with Clinical Professor and Director Wendy Jacobs to present their work and recommendations on offshore drilling to the Directors of two bureaus within the U.S. Department of the Interior – The Bureau of Ocean Energy Management (BOEM) and the Bureau of Safety and Environmental Enforcement (BSEE).

ELPC Student Speaks at Conference on Coastal Climate Change Adaptation

Sarah Fort (JD ’12) spoke on a panel at the Legal Solutions to Coastal Climate Change Adaptation in Connecticut Conference held at the University of Connecticut School of Law and co-sponsored by the National Sea Grant Law Center on February 10, 2012.

Clinical Voices: Emmett Environmental Law & Policy Clinic

Leah Cohen speaks about her experiences in the Emmett Environmental Law & Policy Clinic.

Clinic Student Presents Oral Argument in Solar Licensing Case

On October 18, 2011, Environmental Law & Policy Clinic student Rachel Heron (JD ’12) presented a 3-hour oral argument on a motion for summary decision in an important, precedent-setting administrative proceeding concerning the right of renewable energy companies to conduct business and install solar photovoltaic systems in Massachusetts.

ELPC Releases “Legal Options for Municipal Climate Adaptation in South Boston.”

On August 30, 2011, the Clinic issued a white paper, Legal Options for Municipal Climate Adaptation in South Boston. The paper was produced as part of the Clinic’s ongoing collaboration with the City of Boston in the City’s climate adaptation planning.

Clinic Prevails on Motion to Dismiss in Solar Licensing Litigation

Superior Court Justice Janet Sanders today denied the defendant’s motion to dismiss in the case Carroll v. Board of State Examiners of Electricians.

ELPC Releases “An Ohio Landowner’s Guide to Hydraulic Fracturing”

The Emmett Environmental Law and Policy Clinic released “An Ohio Landowner’s Guide to Hydraulic Fracturing.” This guide is intended to help landowners who are approached by a natural gas company to negotiate a lease for the right to extract natural gas by hydraulic fracturing from their property.

ELPC Comments on Proposed Changes to School Lunch Program Nutrition Standards

The Emmett Environmental Law and Policy Clinic submitted comments to the Department of Agriculture on its proposed changes to nutrition standards for the National School Lunch and School Breakfast Programs.

ELPC Student Speaks at Hydraulic Fracturing Conference

Clinic student Rachel Heron (JD ’12) spoke today at the conference Hydrofracking: Exploring the Legal Issues in the Context of Politics, Science, and the Economy, hosted by the University of Buffalo Law School. Her talk, “Was Hydraulic Fracturing in the Contemplation of the Parties to Old Severance Deeds?” examined legal theories that might allow surface owners in West Virginia to protect themselves against some of the more harmful or intrusive practices associated with hydraulic fracturing.

Clinic Releases Proposed Liability Framework for Geological Sequestration of Carbon Dioxide

the Emmett Environmental Law and Policy Clinic released a working paper entitled “Proposed Liability Framework for Geological Sequestration of Carbon Dioxide,” and a model statute, the CCS Liability Act of 2010.

 

Summary Report of Expert Workshop Addressing CCS Liability, Oversight, and Trust Fund Issues

The Clinic released the summary report from an expert workshop that it hosted in Washington, DC, on June 21, 2010. At that workshop, the Clinic brought over 35 leading experts from the U.S. and Canada to address CCS liability, oversight, and trust fund issues.

Workshop on the Ethics of Reporting Personal Environmental Exposures

On September 21, 2010, the Emmett Environmental Law and Policy Clinic co-hosted a day-long workshop on the ethical and legal challenges of communicating personal results to participants in biomonitoring and environmental exposure studies.

Expert Workshop Addressing CCS Liability, Oversight, and Trust Fund Issues

On June 21, 2010, an expert workshop on CCS liability, oversight, and trust fund issues was carried out as part of an ongoing collaboration among Harvard Law School’s Emmett Environmental Law and Policy Clinic, the Energy Technology Innovation Policy research group at the Harvard Kennedy School, and the Harvard University Center for the Environment. The collaboration has focused on developing a legal framework to govern carbon capture and sequestration in the U.S.

ELPC Files Amicus Brief in U.S. Supreme Court Mountaintop Removal Mining Case

The Emmett Environmental Law and Policy (ELP) Clinic, under the direction of Assistant Clinical Professor Wendy Jacobs and Clinical Instructor Shaun Goho ’01, has filed a certiorari-stage amicus curiae brief in the U.S. Supreme Court case Ohio Valley Environmental Coalition v. United States Army Corps of Engineers.

Environmental Law and Policy Clinic Hosts Workshop on Carbon Capture and Sequestration

The Environmental Law and Policy Clinic (ELPC) hosted an important workshop on March 30th in conjunction with the Harvard University Center on the Environment (HUC). The workshop was led by Clinical Professor Wendy Jacobs, Director of the ELPC and brought together over thirty leaders from academia, government, and business sector to focus on the legal and financial obstacles the deployment of Carbon Capture and Sequestration (CCS) technology.