News

A Department Untethered: The Erosion of DOJ Settlement Norms and Implications for Environmental Law

Analysis of recent departures from DOJ norms and the use of litigation and settlement as tools for advancing policy objectives.

EPA’s power plant repeal could leave some rules in place

CleanLaw — The Student Environmental Law Experience at HLS: Research, Clinics, and Community 

In this special episode of CleanLaw, Professors Jody Freeman and Professor Richard Lazarus talk with three Harvard Law students about what drew them to environmental law, their experience at the Emmett Environmental Law Center (including their work at EELP and the clinic), favorite courses, and what life at HLS is really like.

An Endangered Species Act Exemption Reveals Distrust of Process, Congress, and Courts

A short article by Andrew Mergen and Erika Kranz in the Yale Journal on Regulation and ABA Section of Administrative Law & Regulatory Practice blog.

With Disputed Legal Maneuver, Trump Tries to Set Policy Without Legislation

“This is a departure from what people have thought about executive authority on the right and the left for a long time,” Mr. Mergen said. “And it’s these little things that actually is a death by a thousand cuts to the institution.”

Why the Clean Air Act was never a ‘good fit’ for climate

“No one thought the Clean Air Act provided the best template for addressing climate change,” said Richard Lazarus, a Harvard Law School professor and author of “The Rule of Five” book on the Massachusetts vs. EPA case. “It was clear there was authority, but the hope was that it would help prompt new legislation.”

Eliminating the Foundation: Vulnerabilities in and Implications of EPA’s Endangerment Finding Rescission

Analysis breaking down EPA's arguments in the final rule, exploring potential legal vulnerabilities in litigation, and what this all could mean for regulating GHG emissions in the future.

Beyond ‘Endangerment’: Finding a Way Forward for U.S. on Climate

Jody Freeman in Yale Environment 360: Environmentalists are challenging the EPA’s repeal of the “endangerment finding,” which empowered it to regulate greenhouse gases. Whether or not the action holds up in court, now is the time to develop climate strategies that can be pursued when the political balance shifts.

American Exceptionalism and Our Public Lands: The Case for a New Public Lands Law Review Commission

Andrew Mergen on how now is the time for Congress to form a bipartisan commission to rethink and renew the laws, policies, and agencies governing America’s public lands.

The E.P.A. Is Barreling Toward a Supreme Court Climate Showdown