Electricity Law Initiative Director Ari Peskoe and EELP Fellow Eliza Martin discuss their new paper, Extracting Profits from the Public: How Utility Ratepayers are Paying for Big Tech Power. As Amazon, Google, Meta, and other technology companies try to secure electricity for their new data centers, electric utilities are expanding their systems to serve them. Because utility companies profit by building infrastructure, serving data centers is a lucrative opportunity that is incentivizing utilities to offer attractive rates to Big Tech companies. Ari and Eliza discuss how rate-setting processes can shift utility costs among ratepayers and explain how rate structures, as well as contracts between utilities and data centers, could be transferring Big Tech’s energy costs to the public.

Transcript https://eelp.law.harvard.edu/wp-content/uploads/2025/03/CleanLaw_EP101-Transcript.pdf

Read the paper https://eelp.law.harvard.edu/extracting-profits-from-the-public-how-utility-ratepayers-are-paying-for-big-techs-power/

EELP founding director and Harvard Law Professor Jody Freeman speaks with Harvard Law Professor Richard Lazarus, Andy Mergen, director of the Harvard Law Emmett Environmental Law and Policy Clinic, and Carrie Jenks, executive director of the Environmental and Energy Law Program. They discuss the Trump administration’s actions to date on climate, energy, environment, and natural resources and break down which actions have an immediate effect, what will take time, and what they will be watching for, including actions affecting the federal workforce. They also discuss why the practice and study of law matter now more than ever.

Transcript at https://eelp.law.harvard.edu/wp-content/uploads/2025/02/CleanLaw_EP100-Transcript.pdf

Our analysis of the Trump administration's initial executive orders https://eelp.law.harvard.edu/trumps-environmental-and-energy-executive-orders-initial-insights-and-what-were-watching/

Our rollback resources https://eelp.law.harvard.edu/topic/rollback-resources/

Our Regulatory Tracker https://eelp.law.harvard.edu/tracker-type/regulatory-tracker/

Our Federal Environmental Justice Tracker https://eelp.law.harvard.edu/tracker-type/environmental-justice-tracker/

EELP senior staff attorney Hannah Perls speaks with speaks with Debbie Chizewer and Nick Leonard about environmental justice lawyering, including leveraging Title VI of the Civil Rights Act on behalf of frontline communities. Debbie Chizewer is a managing attorney with Earthjustice based in Chicago, where she leads the organization's Midwest litigation strategy. Nick Leonard is the executive director of the Great Lakes Environmental Law Center based in Detroit, which provides legal representation to communities across Michigan.

This is the second episode in a 2-part series on Title VI.

Transcript at https://eelp.law.harvard.edu/wp-content/uploads/2024/12/CleanLaw_EP99.pdf

Links mentioned in episode:

Episode I in this series https://soundcloud.com/user-995691545/ep-9860-years-of-title-vi-of-the-civil-rights-act-part-1-la-v-epa

Great Lakes Environmental Law Center https://glelc.org/

Earthjustice Midwest Office https://earthjustice.org/office/midwest

CARE v. EPA, No. 4:15-03292-SBA (N.D. Cal.) https://earthjustice.org/wp-content/uploads/114.20order20032030202018.pdf

US Ecology Agreement between Michigan EGLE and Complainants https://www.sierraclub.org/sites/default/files/2024-08/title-vi-use-north-2024-08-29-title-vi-complaint-agreement-complaint-no-20-001-d-use-north-final_.pdf

EELP Senior Staff Attorney Hannah Perls speaks with Olatunde Johnson, the Ruth Bader Ginsburg Professor of Law at Columbia Law School. Professor Johnson and Hannah discuss the history and evolution of Title VI of the Civil Rights Act, a crucial legal tool for the environmental justice movement. Earlier this year, a federal judge blocked EPA and the Department of Justice from enforcing their Title VI rules prohibiting actions that disparately impact communities of color in the state of Louisiana, and now those rules are at risk of being struck down nationwide.  

This is the first episode in a 2-part series on Title VI.

Transcript at https://eelp.law.harvard.edu/wp-content/uploads/2024/10/CleanLaw_EP98.pdf

Links mentioned in show:

Louisiana v EPA - https://earthjustice.org/wp-content/uploads/2024/08/2024.08.22-cain-judgement.pdf

Our podcast on the "Quagmire Quartet" Suite of Supreme Court Decisions Undermine Administrative Law -https://eelp.law.harvard.edu/cleanlaw-suite-of-supreme-court-decisions-undermine-administrative-law/

Petition for Rulemaking on Title VI from Republican-led Attorneys General - https://www.myfloridalegal.com/sites/default/files/2024-04/epa-title-vi-comment-final.pdf

Response to Petition for Rulemaking from Environmental Justice and Civil Rights Groups - https://www.nclc.org/wp-content/uploads/2024/09/2024.09.04_Letter_Title-VI-Response-cover-letter-executive-summary-response-letter.pdf

Democratic AGs’ Response to the Petition for Rulemaking - https://stateimpactcenter.org/files/AG_Actions_NY_Response_FL_Rulemaking_Petition_9.5.24.pdf

Olatunde C. Johnson, Lawyering That Has No Name: Title VI and the Meaning of Private Enforcement, 66 Stan. L. Rev. 1293 (2014). - https://scholarship.law.columbia.edu/faculty_scholarship/1094/

EELP senior staff attorney Sara Dewey 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. Andy and Sara discuss the origin and evolution of presidential authority to designate national monuments under the Antiquities Act, how Congress and the courts have responded to these designations over the act’s 118-year history, present day legal challenges to the Bears Ears and Grand Staircase-Escalante national monuments, and what could be ahead for monuments in the Supreme Court.

Transcript here https://eelp.law.harvard.edu/wp-content/uploads/2024/08/CleanLaw_EP97-final.pdf

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 call the “Quagmire Quartet” of recent Supreme Court decisions that overturn the Chevron doctrine and undermine administrative agencies. They discuss the new challenges that federal agencies will face as they work to protect the public, the ways in which the Supreme Court has centralized power in the judiciary, how courts can continue to uphold important federal rules, and why they have hope.

Transcript available at http://eelp.law.harvard.edu/wp-content/uploads/CleanLaw_EP96-transcript.pdf

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 Assistant Administrator for EPA's Office of Air and Radiation. They discuss California's role in driving car and air emissions regulation, how automakers and market forces have evolved since the 1970s, and what may happen in the coming years under either election outcome.

Transcript: http://eelp.law.harvard.edu/wp-content/uploads/Jody-and-Mary-episode-95.pdf

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 develop more transmission to accommodate new, clean sources of electricity while maintaining a reliable and affordable power system.

Transcript (pdf): http://eelp.law.harvard.edu/wp-content/uploads/CleanLaw_EP94.pdf

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 disclosures, how to make our utilities more resilient without forcing ratepayers to bear the costs, and permitting. We also dig into current advocacy efforts for a wicked resilient New England.

Show notes:

Conservation Law Foundation report on The Massachusetts State Building Code & Climate Change https://www.clf.org/wp-content/uploads/2019/03/CLF_ClimateCodeReport_2019.pdf

Environmental Law Institute report on State Protection of Nonfederal Waters: Turbidity Continues https://www.eli.org/sites/default/files/files-pdf/52.10679.pdf

An Act Promoting Climate Safe Buildings https://malegislature.gov/Bills/193/SD18

An Act Relative to Electric Utility Climate Resilience and Microgrids https://malegislature.gov/Bills/193/SD786

Follow Deanna on X/Twitter demoran18

Transcript: http://eelp.law.harvard.edu/wp-content/uploads/CleanLaw_EP93.pdf

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 Supreme Court cases that shaped its implementation, and the success of the law in protecting numerous species. They also talk about how the Endangered Species Act could be improved and the risks that it may face in the future.

Quotes

“… I spent 33 years litigating the Endangered Species Act. As my colleagues who are still at the Department of Justice can attest, litigation in this space is often very frustrating. There are bad cases, there are bad outcomes, but I think by any measure, we ought to understand we should step back at this 50th anniversary and say congrats to that Congress, congrats to President Nixon. This is really a powerful statute.” —Andrew Mergen [39:19]

“That’s the fabulous thing about this law. It’s not an anthropocentric law. It’s a biocentric law. It’s a law which recognizes the responsibility that humankind has to all species on our planet. So it’s not a law which is saying, ‘This is really important for the economy.’ No, it’s a law that’s saying, ‘This is important for our spirit, this is important for who we are.’” —Richard Lazarus [30:12]

“So you need to have ways to actually have the statute provide incentives for private landowners to actually maintain the habitat, not view the statute as a threat to economic viability.” —Richard Lazarus [43:07]

“When the wolves were put back onto the landscape in the greater Yellowstone ecosystem, the Nez Perce tribe played an important role in that. We now see with the California condor the Northern California tribes playing an important part in the re-establishment of those populations, and that is a plus and a really important part of the future of the act.” —Andrew Mergen [45:45]

Transcript (PDF): http://eelp.law.harvard.edu/wp-content/uploads/CleanLaw-EP92.pdf