The President's Effort to Combat Climate Change without Congress: What is EPA Proposing to Do and Is It Legal?


October 8, 2014 – "The President's Effort to Combat Climate Change without Congress: What is EPA Proposing to Do and Is It Legal?" with Jody Freeman, Archibald Cox Professor of Law (HLS) and Director, Environmental Law Program; and Richard Lazarus, Howard J. and Katherine W. Aibel Professor of Law (HLS). Moderated by Daniel Schrag, Sturgis Hooper Professor of Geology; Professor, SEAS; Director, HUCEJody Freeman, the Archibald Cox Professor of Law, is a leading scholar of administrative law & regulation and environmental law and the founding director of the Harvard Law School Environmental Law and Policy Program. Her new book, GLOBAL CLIMATE CHANGE AND U.S. LAW (co-edited with Michael Gerrard) and her most recent article, Old Statutes, New Problems (co-authored with David Spence), will be published in 2014. Professor Freeman served in the White House as Counselor for Energy and Climate Change in 2009-10. In that role, she contributed to a variety of policy initiatives on greenhouse gas regulation, renewable energy, energy efficiency, transmission policy, oil and gas drilling, and comprehensive energy and climate legislation to put a market-based cap on carbon. Freeman led the White house effort on the Obama Administration's landmark fuel efficiency standards and negotiated the historic agreement among the federal government, the auto industry and the states, to set the first federal greenhouse gas emission standards and the most ambitious fuel efficiency standards in U.S. history. These standards launched the Administration's climate program. After leaving the administration, Freeman served as an independent consultant to the President's bipartisan Commission on the BP Deepwater Horizon Oil Spill. She has been appointed to the Administrative Conference of the United States, the government think tank for improving the administrative and regulatory process,. In 2011, she was elected to the American College of Environmental Lawyers. In 2012 Professor Freeman was elected as an outside director of ConocoPhillips, where she serves on the public policy and compensation committees. She has written for the New York Times, Wall Street Journal, and Los Angeles Times.

Professor Freeman is a prominent scholar of administrative law and regulation, and a leading thinker on collaborative and contractual approaches to governance. Her article, "Agency Coordination in Shared Regulatory space," the subject of her chair lecture, appears in the Harvard Law Review in 2012."The Obama Administration's National Auto Policy: Lessons from the Car Deal" was published in the Harvard Environmental Law Review in 2011. She is the co-author of leading casebooks in environmental law and administrative law, and is the co-author with Mike Gerrard of the forthcoming new edition of Global Climate Change and U.S. Law.

Richard Lazarus is the Howard J. and Katherine W. Aibel Professor of Law at Harvard University, where he teaches Environmental Law, Natural Resources Law, Supreme Court Advocacy, and Torts. He also recently served as the Executive Director of the President's Commission responsible for investigating the root causes of the 2010 oil spill in the Gulf of Mexico. He graduated from Harvard Law School in 1979 and has a B.S. from the University of Illinois in Chemistry and a B.A. in Economics. He has previously served on the law school faculties of Indiana University, Washington University, and Georgetown University, where he was the Justice William J. Brennan, Jr., Professor of Law. He has been a visiting professor of law at Columbia University, Northwestern University, the University of San Diego, and the University of Texas schools of law. For the past five summers, he has co-taught a course on the history of the Supreme Court of the United States with the Chief Justice of the United States. Professor Lazarus worked for the United States Justice Department, both in the Environment and Natural Resources Division (1979-83) and the Solicitor General's Office (1986-89), where he was Assistant to the Solicitor General.

Professor Lazarus has represented the United States, state and local governments, and environmental groups in the United States Supreme Court in 40 cases and has presented oral argument in 13 of those cases. He recently served as counsel of record for environmental respondents Riverkeeper et al in Entergy v. Riverkeeper, decided in April 2009, and co-counsel for respondents in Monsanto v. Geertson Seed Farms, decided in June 2010. He also represented the United States in U.S. v. Chem-Dyne, the first case to establish joint and several liability under the federal Superfund law, and the California Supreme Court case, National Audubon Society v. Superior Court of Alpine County, applying the public trust doctrine to Mono Lake.

His primary areas of legal scholarship are environmental and natural resources law, with particular emphasis on constitutional law and the Supreme Court. He has published two books, The Making of Environmental Law (U. Chicago 2004), and Environmental Law Stories (Aspen Press, co-edited with O. Houck 2005). He was also the principal author of Deep Water – The Gulf Oil Disaster and the Future of Offshore Drilling (GPO 2011), which is the Report to the President of the National Commission on the BP Deepwater Horizon Oil Spill and Offshore Drilling Commission, for which he served as the Executive Director. Professor Lazarus has won the faculty teaching award at both Washington University and Georgetown University. At the Annual Meeting in 2011, the American Bar Association gave Professor Lazarus its Award for Distinguished Achievement in Environmental Law and Policy for 2011.

Daniel P. Schrag is the Sturgis Hooper Professor of Geology at Harvard University, Professor of Environmental Science and Engineering, and Director of the Harvard University Center for the Environment. Schrag studies climate and climate change over the broadest range of Earth history. He is particularly interested in how information on climate change from the geologic past can lead to better understanding of anthropogenic climate change in the future. In addition to his work on geochemistry and climatology, Schrag studies energy technology and policy, including carbon capture and storage and low-carbon synthetic fuels.

Schrag currently serves on President Obama's Council of Advisors on Science and Technology. Among various honors, he is the recipient of the James B. Macelwane Medal from the American Geophysical Union and a MacArthur Fellowship. Schrag earned a B.S. in geology and geophysics and political science from Yale University and his Ph.D. in geology from the University of California at Berkeley. He came to Harvard in 1997 after teaching at Princeton.