The Harvard Law School Environmental & Energy Law Program influences policy discussions about environmental, climate, and energy issues. The EELP offers robust legal analysis and practical governance solutions that will move these discussions forward.
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Ep 96—Suite of Supreme Court Decisions Undermine Administrative Law
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In this episode, EELP Founding Director and Harvard Law Professor Jody Freeman speaks with Andy Mergen, faculty director of the Emmett Environmental Law and Policy Clinic at Harvard Law School and former chief of the Appellate Section of the Environment & Natural Resources Division at the Department of Justice. Jody and Andy break down what they ca…
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Ep 95—The Road to Clean Cars and Clean Air: California's Pivotal Role
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California has had a pivotal role in creating US clean car and clean air regulations under multiple administrations. In this episode, EELP Founding Director and Harvard Law Professor, Jody Freeman, speaks with Mary Nichols, former Chair of the California Air Resources Board and California's Secretary for Natural Resources, as well as former Assista…
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Ep 94—FERC’s New Approach to Improving Transmission Investment, Order No. 1920
59:09
59:09
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Ari Peskoe, director of our Electricity Law Initiative, speaks with Claire Wayner, senior associate at RMI's Carbon-Free Electricity program, and Casey Baker senior program manager at GridLab. They discuss how the utility industry thinks about building new high-voltage transmission lines and how FERC Order No. 1920 attempts to push the industry to …
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Ep 93 — Wicked Resilient: Climate Adaptation in Massachusetts
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Hannah Perls, EELP Senior Staff Attorney, and Deanna Moran, vice president of healthy and resilient communities at the Conservation Law Foundation in Boston, walk through some of the surprising ways that law and policy drive adaptation decisions in Massachusetts and beyond, including state and local building codes, design standards and risk disclos…
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Ep 92 — The Endangered Species Act at 50: Potent Statute, Risky Future
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The Endangered Species Act, which turned 50 years old on December 28, 2023, has been described as one of the most potent environmental law statutes ever enacted. Harvard Law Professor Richard Lazarus and Andy Mergen, director of the Harvard Law Emmett Environmental Law and Policy Clinic, discuss the initial bipartisan support for the act, the Supre…
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Ep 91—Global and US Methane Initiatives
1:01:17
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In this episode Harvard Law professor and EELP’s Founding Director Jody Freeman, speaks with Bjorn Otto Sverdrup, Chair of the Oil and Gas Climate Initiative’s Oil and Gas Executive Committee, Riley Duren, CEO and Founder of Carbon Mapper, Peter Zalzal Distinguished Counsel and Associate Vice President of Clean Air Strategies at Environmental Defen…
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Ep 90—Replacing the Utility Transmission Syndicate’s Control, Ari Peskoe & Hannah Dobie
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Ari Peskoe, director of our Electricity Law Initiative, speaks with Staff Attorney Hannah Dobie about Ari’s new article about power sector governance, Replacing the Utility Transmission Syndicate’s Control. They discuss how FERC’s legal authority shapes regional governance, how independent decisionmaking by Regional Transmission Organizations is co…
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Ep 89—3 lawsuits on auto emissions, 1 UAW strike, and the EV transition
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Harvard Law Professor and EELP’s Founding Director Jody Freeman, speaks with Kevin Poloncarz, a partner at the law firm Covington & Burling and Jack Ewing, a New York Times business reporter who writes about the auto industry and electric vehicles. Jody, Kevin, and Jack discuss the three cases currently before the D.C. Circuit about how agencies se…
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Ep 88: Loper Bright and the fate of Chevron with Jody Freeman and Andy Mergen
1:05:27
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Harvard Law Professor and EELP’s founding director Jody Freeman, speaks with Andy Mergen, director of Harvard Law’s Emmett Environmental Law and Policy Clinic, about a case the US Supreme Court will hear this fall, Loper Bright Enterprises v. Raimondo, in which petitioners have asked the Court to overrule the Chevron doctrine — a legal doctrine tha…
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Ep 87: Charleston: Race, Water, and the Coming Storm
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EELP Senior Staff Attorney Hannah Perls talks with Susan Crawford, the John A. Riley clinical professor at Harvard Law School, and Michelle Mapp, an Equal Justice Works law fellow at the ACLU of South Carolina and former CEO of the South Carolina Community Loan Fund, about Susan's most recent book, Charleston: Race, Water, and the Coming Storm.Quot…
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Ep. 86: Sackett v. EPA Decision — What the Justices Said and What this Means for Water
1:02:40
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Harvard Law School Professor and EELP's Founding Director Jody Freeman, who is also an independent director of ConocoPhillips, speaks with Harvard Law School Professor Richard Lazarus and University of Wisconsin-Madison Professor of Law Steph Tai about the US Supreme Court’s recent decision in Sackett v. EPA.They discuss how the Court’s reliance on…
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Ep 85: Quick Take — The Debt Ceiling Bill and NEPA Permitting Reform
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EELP Senior Staff Attorney Hanna Perls, Executive Director Carrie Jenks, and Electricity Law Initiative Director Ari Peskoe break down recent changes to federal permitting passed as part of the Fiscal Responsibility Act, aka the debt ceiling bill, which President Biden signed on June 3rd.Mentioned link: https://www.epw.senate.gov/public/index.cfm/2…
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Ep 84: Quick Take — Good News for Clean Energy from the Supreme Court w/ Ari Peskoe and Carrie Jenks
20:38
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Executive Director Carrie Jenks and EELP’s Electricity Law Initiative Director Ari Peskoe discuss the Supreme Court’s recent National Pork Producers Council v. Ross decision. Ari explains how this case about a California law regulating sales of pork products will help insulate state clean energy laws from certain types of legal challenges.Mentioned…
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Ep 83: EPA's Proposed Power Sector Rules w/ Jody Freeman, Jay Duffy, Kevin Poloncarz, Carrie Jenks
1:06:31
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EELP’s Founding Director Jody Freeman, who is also an independent director of ConocoPhillips, and EELP's executive director, Carrie Jenks speak again with Jay Duffy, litigation director at Clean Air Task Force, and Kevin Poloncarz, a partner at the law firm Covington and Burling. Jody, Jay, and Kevin recently joined CleanLaw to discuss the Supreme …
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Ep 82: Equitable Disaster Insurance & Climate Change w/Hannah Perls, Carolyn Kousky, & Sean Hecht
47:22
47:22
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EELP senior staff attorney Hannah Perls speaks with Dr. Carolyn Kousky, associate vice president for economics and policy at the Environmental Defense Fund, and Sean Hecht, who is the managing attorney of Earth Justice's California Regional Office. They discuss the past, present, and future of disaster insurance, including the role that governments…
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Ep 81: Journey to the Electrification of the Transportation Sector w/Jody Freeman and Chet France
59:10
59:10
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Harvard Law Professor and EELP's Founding Director Jody Freeman, who is also an independent director of ConocoPhillips, speaks with Chet France, a former senior executive at EPA who oversaw the first national greenhouse gas standards for cars and trucks in US history. Jody and Chet analyze EPA's most recent proposal to update greenhouse gas emissio…
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Ep 80: The Making of Environmental Law with Richard Lazarus and Carrie Jenks
21:30
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Executive Director Carrie Jenks speaks with Harvard Law School Professor Richard Lazarus about his recently released book, The Making of Environmental Law, Second Edition. In this long-awaited update, Professor Lazarus describes how environmental law has developed over the last two decades and explores new challenges for the field, including the sh…
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Ep 79: The Good Neighbor Plan for Interstate Ozone Pollution with Carrie Jenks and Hannah Dobie
20:50
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Carrie Jenks and Hannah Oakes Dobie talk about EPA’s latest regulation to address interstate ozone pollution, the “Good Neighbor Plan.” They discuss how the rule’s new design features will refine EPA’s longstanding air transport program to require power plants to reduce smog-forming pollutants. You can read more about the 2023 “good neighbor plan” …
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Ep 78—Quick Take: Legal issues from the East Palestine Train Derailment
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Senior Staff Attorney Sara Dewey speaks with Hannah Perls talk about the train derailment in East Palestine, Ohio. They discuss the regulatory and legal implications of the derailment, including who is in charge of the response and the different roles that federal agencies play. They also discuss the cleanup order issued by EPA and possible federal…
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Ep 77—Quick Take: The Dakota Access Pipeline with Hannah Perls and Carrie Jenks
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In our first CleanLaw Quick Take*, our Executive Director Carrie Jenks and Staff Attorney Hannah Perls walk through the latest updates on the Dakota Access Pipeline. Hannah explains how the US Army Corps of Engineers' announcement about its upcoming draft environmental impact statement might affect the future of the pipeline, and how litigation bet…
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Ep 76—BSEE’s Proposed Offshore Oil Drilling Safety Regulations with Lowry Yankwich and Chris Eaton
34:01
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Recent HLS graduate Lowry Yankwich speaks with Earthjustice attorney Chris Eaton about the Bureau of Safety and Environmental Enforcement's proposed Blowout Preventer Systems and Well Control Revisions rule for oil and gas operations in the Outer Continental Shelf. This rule is intended to protect workers and prevent oil spills, and is part of the …
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Ep 75—EPA’s Methane Regulations with Carrie Jenks, Kyle Danish, and Dan Zimmerle
32:35
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Carrie Jenks, our executive director, speaks with Kyle Danish, a partner at Van Ness Feldman, and Dan Zimmerle, the director of the Methane Emissions Program at Colorado State University. They discuss EPA's recently released supplemental proposal to reduce methane emissions from the oil and natural gas sector, and how the regulatory framework EPA h…
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Ep 74—Oregon's Clean Fuel Standards with Abby Husselbee and Cory-Ann Wind. Album: CleanLaw
34:49
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EELP Legal Fellow Abby Husselbee speaks with Cory-Ann Wind, the Program Manager of Oregon’s Clean Fuels Program in the Oregon Department of Environmental Quality. Cory has worked for ODEQ for over 29 years, the last 12 in fuels, transportation, and climate policy. Abby and Cory discuss clean fuel standards and their benefits, Oregon’s program and h…
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73—Current Challenges and Opportunities for Electric Transmission, with Ari Peskoe and Hannah Oakes
35:58
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Director of our Electricity Law Initiative Ari Peskoe spoke with Staff Attorney Hannah Oakes about electric transmission regulation and how it has disincentivized regional transmission build out. They discuss Ari’s work in recent FERC transmission proceedings, and how Congress, states, and utilities can help catalyze transmission development to ena…
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72-Legislating Environmental Justice in New York with Prof. Rebecca Bratspies and Hannah Perls
45:06
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Hannah Perls speaks with Professor Rebecca Bratspies at the City University of New York (CUNY) School of Law and founding Director of the Center for Urban Environmental Reform, which works with community groups seeking to obtain full and meaningful participation in environmental decision-making. They discuss recent environmental justice legislation…
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71-Corporate Net Zero Committments: GE’s Roger Martella speaks with Lowry Yankwich
42:59
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Lowry Yankwich, a recent graduate of HLS, speaks with Roger Martella, GE's Chief Sustainability Officer. They discuss GE’s recent sustainability commitments and how the company is tackling its operational and downstream emissions across the aviation, public health, and power sectors.A note for our listeners – this episode was recorded before Congre…
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70-IRA and its Clean Energy Implications with Jody Freeman and Greg Dotson
52:50
52:50
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Harvard Law Professor and EELP’s Founding Director Jody Freeman, who is also an independent director of ConocoPhillips, speaks with Greg Dotson, an associate professor at the University of Oregon School of Law and recent Democratic chief counsel to the Senate Committee on Environment and Public Works. Jody and Greg discuss the climate and clean ene…
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69-WV v. EPA Pt 2: Implications for Regulating the Power Sector J. Freeman, K. Poloncarz, & J. Duffy
44:03
44:03
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EELP’s Founding Director Jody Freeman, who is also an independent director of ConocoPhillips, speaks with Jay Duffy, an attorney at Clean Air Task Force, and Kevin Poloncarz, a partner at the law firm Covington and Burling, about what the Supreme Court’s decision in West Virginia v. EPA means for their clients and the potential implications for red…
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68-WV v EPA Pt 1: Breaking Down the Court’s Opinion: Jody Freeman, Richard Lazarus, and Carrie Jenks
51:10
51:10
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Professor Jody Freeman, who is also an independent director of ConocoPhillips, Professor Richard Lazarus, and EELP Executive Director Carrie Jenks discuss the Supreme Court’s decision in West Virginia v. EPA. They break down the majority decision, concurrence, and dissent, and discuss how the major questions doctrine could affect EPA regulations ad…
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67-Power Plant Greenhouse Gas Emissions and West Virginia v. EPA, What's Next? Freeman and Lazarus
57:03
57:03
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Professors Jody Freeman, who is also an independent director of ConocoPhillips, and Professor Richard Lazarus discuss the Supreme Court case West Virginia v. EPA. The Court's decision in this case will address the scope of EPA's authority to regulate greenhouse gas emissions from the power sector, potentially impacting future EPA rules.Transctipt: …
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66-Fixing the National Flood Insurance Program with Joel Scata and Hannah Perls
39:44
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EELP Legal Fellow Hannah Perls speaks with Joel Scata, a Water and Climate Attorney at the Natural Resources Defense Council, where he works on clean water and climate change adaptation policy solutions. They discuss the ins and outs of the National Flood Insurance Program (NFIP), which, for the past fifty years, has helped define floodplain develo…
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65—Clean Car Rules with Jody Freeman and Chet France
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59:43
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Our founding director Jody Freeman, who is also an independent director of ConocoPhillips, speaks with Chet France, who served as a senior executive at EPA and led the development of vehicle pollution standards at the agency, including overseeing, during the Obama administration, the first national greenhouse gas standards for cars and trucks. They…
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64—South Fork Wind Farm and Fisheries Management with Lowry Yankwich and Doug Christel
53:16
53:16
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Lowry Yankwich, a recent graduate of Harvard Law, speaks with Doug Christel, policy analyst for the National Oceanic and Atmospheric Administration's Greater Atlantic Regional Fisheries Office. They discuss the approval of the South Fork Wind Project, which is only the second commercial-scale offshore wind project to be approved in federal waters. …
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63—EPA's Proposed Methane Rules with Kate Konschnik and Carrie Jenks
40:34
40:34
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Our executive director Carrie Jenks speaks with Kate Konschnik of Duke University about EPA’s recently proposed methane rules for new and existing oil and natural gas sources. They discuss some of the input EPA is seeking from stakeholders related to advanced technologies and how regulations could enable their deployment to achieve emission reducti…
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62-How Does Climate Change Relate to Market Risk? With Hana Vizcarra and Madison Condon
29:16
29:16
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Our staff attorney Hana Vizcarra speaks with Madison Condon, associate professor of law at Boston University who studies how climate change relates to corporate governance, market risk, and regulation. They discuss her research on how the market has failed to properly price climate risk and how the Securities and Exchange Commission might address t…
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61-Petitions to the Supreme Court of the decision vacating ACE with Kevin Poloncarz and Carrie Jenks
39:06
39:06
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Our executive director Carrie Jenks speaks with Kevin Poloncarz, a partner at the law firm Covington and Burling. Kevin co-chairs the firm’s Environmental and Energy Practice Group, Energy Industry Group, and ESG Practice. Kevin and Carrie discuss what is at stake with the appeals to the Supreme Court of the D.C. Circuit decision to vacate the Trum…
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60-A Human Rights View of Climate Change, Aminta Ossom and Hannah Perls
46:07
46:07
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Legal Fellow Hannah Perls speaks with Aminta Ossom, a Clinical Instructor at Harvard Law’s International Human Rights Clinic, where she focuses on equality, inclusion, and economic and social rights. They discuss how looking at environmental problems through a human rights lens can provide new insights and legal strategies for addressing environmen…
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59-Business Models for Distributed Energy Resources with Brandon Smithwood and Ari Peskoe
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46:51
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Our Electricity Law Initiative Director Ari Peskoe speaks with Brandon Smithwood, Senior Director of Policy at Dimension Renewable Energy. They talk about business models for development of small-scale renewable energy and storage systems. Please see here for a transcript of this episode http://eelp.law.harvard.edu/wp-content/uploads/CleanLaw-59-Ar…
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58-Biden's first 100 Days on Climate and the Environment with Hana Vizcarra and Hannah Perls
45:29
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EELP Staff Attorney Hana Vizcarra and Fellow Hannah Perls talk about the progress of the Biden administration on climate and environmental priorities now that the first hundred days have passed. We originally posted this as a video, which you can view at the link below. See here for a full transcript of this episode http://eelp.law.harvard.edu/wp-c…
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57-Environmental Racism in NC Hog Farming Pt 2 w/Naeema Muhammad, Elizabeth Haddix, & Hannah Perls
58:28
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EELP Fellow Hannah Perls speaks with Naeema Muhammad and Elizabeth Haddix. Naeema is a life-long activist and the Organizing Co-Director of the North Carolina Environmental Justice Network, where she has worked for the past two decades leading state-wide campaigns and supporting grassroots efforts for environmental and social justice.Elizabeth is a…
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56 - Environmental Racism in NC Hog Farming with Naeema Muhammad, Alexis Andiman, & Hannah Perls
1:02:20
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In this episode EELP Fellow Hannah Perls spoke with Naeema Muhammad and Alexis Andiman. Naeema is a life-long activist and the Organizing Co-Director of the North Carolina Environmental Justice Network, where she has worked for the past two decades leading state-wide campaigns and supporting grassroots efforts for environmental and social justice. …
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Ep 55-Energy Utility Regulatory Frameworks and Climate Laws with Justin Gundlach& Elizabeth Stein
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Note: this episode was recorded in January, 2021.In this episode our staff attorney Caitlin McCoy was joined by Justin Gundlach and Elizabeth Stein to discuss their recent article "Harmonizing States' Energy Utility Regulation Frameworks and Climate Laws. A Case Study of New York." Justin is a senior attorney at the Institute for Policy Integrity a…
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Ep 54 - Electric Utility Mergers and Industry Consolidation with Scott Hempling and Ari Peskoe
57:28
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Ari Peskoe, speaks with Scott Hempling, adjunct professor at the Georgetown University Law Center about Scott’s new book, Regulating Mergers and Acquisitions of the U.S. Electric Utilities: Industry Concentration and Corporate Complication. Scott has also written about FERC’s review of utility merger applications in a 2018 Energy Law Journal Articl…
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Ep 53 - Climate Science, Communication, and Hope: Katharine Hayhoe and Joe Goffman
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In this episode our executive director Joe Goffman interviews climate scientist Katharine Hayhoe, director of the Texas Tech Climate Center and Professor in Public Policy and Public Law in the Department of Political Science. Professor Hayhoe talks about the cutting edge science of climate change attribution, how she tries to help the public unders…
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Ep 52 - Carbon Pricing with Matto Mildenberger and Ari Peskoe
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In this episode, our Electricity Law Initiative director Ari Peskoe speaks with Matto Mildenberger, assistant professor of political science at the UC Santa Barbara, about the politics of carbon pricing. Note - we recorded this episode in late October, prior to the presidential election. This is a link to the article they discuss http://bostonrevie…
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Ep 51 - Next Generation Environmental Regulations, Joe Goffman interviews Cynthia Giles
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In this episode, our executive director Joe Goffman speaks again with Cynthia Giles, our guest fellow and former Assistant Administrator for EPA’s Office of Enforcement and Compliance Assurance. They discuss her ongoing work examining how well environmental rules do in ensuring compliance with pollution and waste reduction requirements, where they …
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Episode 50: Erin Brockovich and Caitlin McCoy Talk about Citizen Advocacy and US Water Regulations
48:53
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In our 50th episode of CleanLaw, Erin Brockovich speaks with Caitlin McCoy about some of the major water issues in the U.S. today and what people can do to work toward better water quality in their communities and beyond. Their conversation covers community science, tips for effective advocacy, legacy water pollution issues, and the problems with c…
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Episode 49: The Department of the Interior Rollbacks under Trump with Laura Bloomer and Robin Just
33:57
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Robin Just interviews our former EELP Fellow Laura Bloomer about changes in the Department of the Interior under the Trump administration. Laura interviewed dozens of former DOI career staff, former political appointees, and natural resources and American Indian law experts and distills their insights in our newest white paper - link below. She bre…
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Episode 48: Caitlin and Aladdine Joroff on the MA AG's Decision on Local Natural Gas Usage Laws
40:02
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In this episode Caitlin McCoy talks with Aladdine Joroff, clinical instructor and staff attorney at our Emmett Environmental Law and Policy Clinic, about the recent decision by the Massachusetts Attorney General disapproving Brookline, MA’s law seeking to limit the use of natural gas in buildings, and comments the Clinic submitted on behalf of Moth…
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Episode 47: Joe Goffman & Francesca Dominici on Air Quality, Covid-19, and Black Communities
42:20
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"The progress is uneven. We are not cleaning the air in an even way for everybody."In this episode our executive director Joe Goffman speaks with Francesca Dominici, Professor of Biostatistics, Population, and Data Science at the Harvard T.H. Chan School of Public Health and Co-Director of the Harvard Data Science Initiative.They discuss her team’s…
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