News & Highlights

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.

CleanLaw — The ‘God Squad’s’ Unprecedented National Security Exemption

What will the decision to exempt all oil and gas activities in the Gulf of Mexico from the Endangered Species Act look like?

When National Security Meets Endangered Species: Uncharted Legal Territory in the Gulf of Mexico

The Trump administration plans to invoke never-before-used ESA national security exemption.

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

Trump Allies Near ‘Total Victory’ in Wiping Out U.S. Climate Regulation

Biden Monuments Case to Focus on State Lawmakers’ Ability to Sue

The fallout from EPA’s pollution shift

One year of Trump’s ‘Energy Emergency’ in Context and in Court

An analysis of the declaration, the policies and actions it has produced, and how they compare with historical uses of emergency authority.

Now Hiring: Clinical Fellow

Work with the Emmett Environmental Law & Policy Clinic on a broad array of environmental, energy, and natural resource cases and projects. Application review process begins in Feb. 2026.

Practice makes practice perfect

Harvard Law School’s Environmental Moot Court Initiative empowers advocates and inspires students.

EPA’s Proposed Endangerment Finding Rescission: Implications for State Climate Action

An analysis by Sommer Engels, Erika Kranz, and Andrew Mergen looks at the far-reaching implications of EPA’s proposal including the stakes for climate policy nationwide.

In One Week, Trump Moves to Reshape U.S. Environmental Policy

“It’s really hard for the public to keep track of this news, but it’s really important that they do,” Mr. Mergen said. “We’re going to lose species and their habitats in a death-by-a-thousand-cuts way, but there are things that can be done to right the ship and help these species recover.”

CleanLaw — Behind the Curtain of the Clean Utility Transition

How do you drive clean energy adoption in investor-owned utilities?

Electricity Law Initiative Files Supreme Court Amicus Brief on Behalf of 11 Former FERC Commissioners

The brief seeks to preserve Congress’s authority to create and maintain bipartisan ratemaking commissions.