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Jody Freeman

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Jody Freeman
Born1964 (age 59–60)
NationalityAmerican
EducationStanford University (BA)
University of Toronto (LLB)
Harvard University (LLM, SJD)

Jody Freeman (born 1964) is a professor at Harvard Law School in administrative law and environmental law. From 2009 to 2010, she served as Counselor for Energy and Climate Change[1] in the Obama White House. In August 2023, she resigned from a lucrative position as director of the board of ConocoPhillips, after more than one and a half years of criticism by Harvard students and faculty. She had denied having violated conflict of interest rules.[2] Emails demonstrated she participated in the company's lobbying efforts to convince the Securities and Exchange Commission to weaken its climate risk disclosure rules.

Freeman is a member of the American Academy of Arts and Sciences, a Fellow of the American College of Environmental Lawyers,[3] a member of the Council on Foreign Relations and serves on the Climate Advisory Board of Norges Bank Investment Management, the asset manager of the Norwegian sovereign wealth fund.

Early life and education

Freeman grew up in Vancouver, British Columbia, and graduated from Stanford University (B.A., 1985), where she majored in human biology and played varsity volleyball, the University of Toronto (LL.B. 1989), and Harvard Law School (LL.M. 1991; SJD 1995).

Career

In 1990–91, she clerked at the Ontario Court of Appeal for a panel of judges including future Canadian Supreme Court Justice and UN High Commissioner Louise Arbour. From 1995 to 2005, Freeman was a Professor of Law at UCLA, where she co-founded the Environmental Law Program and was an award-winning teacher. From 2001 to 2004, Freeman also taught environmental law and served as Associate Dean for Law and Policy at the Bren School of Environmental Science & Management at UCSB.

She has been a visiting professor at Georgetown Law Center, New York University Law School, and Stanford Law School.

In 2005, Freeman joined the Harvard Law School faculty.[4] She was one of a number of prominent hires made during Dean Elena Kagan's tenure.[5] In 2006, she founded Harvard's Environmental and Energy Law and Policy program,[6] a legal "think tank" for climate and energy policy analysis, and established one of the nation's leading environmental law clinics.[7]

In 2006, Freeman authored an amicus brief[8] on behalf of former United States Secretary of State Madeleine Albright in Massachusetts v. Environmental Protection Agency, the global warming case decided by the Supreme Court in 2007.

From 2009–2010, she served as Counselor for Energy and Climate Change in the Obama White House.[9]

In 2015, she and her colleague Richard Lazarus co-authored an amicus brief on behalf of William D. Ruckelshaus and William K. Reilly, former Administrators of the Environmental Protection Agency, supporting the government in the litigation over the Obama administration's Clean Power Plan.[10]

In the White House, Freeman led the Obama administration's effort to double fuel efficiency standards, producing the historic agreement with the auto industry to set the nation's first federal greenhouse gas standards, and launching a program of greenhouse gas regulation under the Clean Air Act. As a Deputy and Counselor to Carol Browner, Director of the new White House Office of Energy and Climate Change, Freeman also contributed to a variety of policy initiatives on American energy and climate change issues, including greenhouse gas regulation, energy efficiency, renewable energy, oil and gas drilling, and the design of comprehensive legislation to place a market-based cap on carbon. After leaving the administration, she served as an independent consultant to the President's bipartisan Commission on the BP Deepwater Horizon Oil Spill, advising on structural reforms to offshore drilling.[11]

Work

Freeman is a scholar of both administrative law and environmental law, and has written extensively about climate change, environmental regulation and executive power.[12] She is known for her early work on "collaborative governance," which helped to establish a field focused on public-private approaches to regulatory problems.

Freeman is widely published in leading American law reviews and is one of the most cited scholars in public law across the U.S.[13] She has produced several books, including Global Climate Change and U.S. Law (3d ed. 2023, with Michael Gerrard and Michael Burger), Moving to Markets in Environmental Regulation, Lessons after Twenty Years of Experience (2006, with economist Charles Kolstad)[14] and Government by Contract: Outsourcing and American Democracy (2009, with former Harvard Law School Dean Martha Minow).[15] Freeman has also co-authored leading casebooks in both administrative law and environmental law.[16] Her work has been published in several languages; a volume of her administrative law articles was published in Chinese in 2010.[citation needed]

She consults regularly for government and non-governmental parties, advising on litigation and regulatory strategy. She has written guest opinion pieces for the New York Times, Wall Street Journal, Guardian, Los Angeles Times, Politico, Vox and Foreign Affairs.

Memberships

She has served as a member of the Administrative Conference of the United States, an expert body that advises the federal government on how to improve the regulatory and administrative process[17]. She is a member of the American Academy of Arts and Sciences, a Fellow of the American College of Environmental Lawyers,[18] and a member of the Council on Foreign Relations.

Freeman serves on the Climate Advisory Board of Norges Bank Investment Management, the asset manager of the Norwegian sovereign wealth fund.

Freeman has served[19] as an independent director of ConocoPhillips, and as a member of the advisory council of the Electric Power Research Institute.

Controversy

In 2022, Freeman faced significant criticism for a perceived conflict of interest regarding her simultaneous climate leadership roles at Harvard, and her service as director on the board of oil and gas major ConocoPhillips. In March 2022, Harvard students called on her to choose between her $350,000/year ConocoPhillips salary and her Harvard leadership responsibilities.[20] In April 2022, fellow Harvard faculty had raised concerns about her receipt of a major Harvard research grant to study corporate net-zero pledges at the same time that ConocoPhillips was attracting scrutiny for greenwashing.[21] In April 2023, in wake of the approval of the Willow project, The Guardian published emails reportedly showing Freeman participating in the company's lobbying efforts to convince the Securities and Exchange Commission to weaken its climate risk disclosure rules.[22] The Guardian also noted that Freeman's emails may have violated Harvard policy requiring affirmative disclosure of conflicts of interest in each communication with a policymaking audience. Freeman denied any policy violations. Following publication of the emails, a group of Freeman's students joined the call for her to resign.[23]

In August 2023, Freeman resigned from the ConocoPhillips board.[24]In her announcement, she noted that it would allow her to "focus on my research at Harvard and make space for some new opportunities."

References

  1. ^ "Jody Freeman named Counselor for Energy and Climate Change". Harvard Law Today. January 30, 2009. Retrieved March 3, 2020.
  2. ^ Josephine Moulds , Nina Lakhani (April 6, 2023). "Harvard climate professor lobbied regulator on behalf of oil giant". The Bureau of Investigative Journalism. Retrieved September 3, 2023.
  3. ^ "American College of Environmental Lawyers". American College of Environmental Lawyers. Retrieved March 3, 2020.
  4. ^ "Jody Freeman named Counselor for Energy and Climate Change". Law.harvard.edu. January 30, 2009. Retrieved December 15, 2011.
  5. ^ Jennifer Koons, Greenwire (March 26, 2009). "Environmental policy a specialty of Obama's solicitor general". The New York Times. Retrieved December 15, 2011.
  6. ^ "Home – Harvard Law School". eelp.law.harvard.edu. Retrieved August 3, 2023.
  7. ^ "Emmett Environmental Law and Policy Clinic". Emmett Environmental Law and Policy Clinic. Retrieved March 3, 2020.
  8. ^ "Brief for Amicus Curiae Madeleine K. Albright in Support of Petitioners, Commonwealth of Massachusetts v. Environmental Protection Agency" (PDF). NRDC. August 31, 2006. Retrieved March 3, 2020.
  9. ^ "Jody Freeman named Counselor for Energy and Climate Change". Harvard Law Today. January 30, 2009. Retrieved March 3, 2020.
  10. ^ "Freeman, Lazarus author amicus motion on behalf of former EPA Administrators to back Clean Power Plan". December 3, 2015. Retrieved March 3, 2020.
  11. ^ "Meeting 4: October 13, 2010 (Washington, D.C.) National Commission on the BP Deepwater Horizon Oil Spill and Offshore Drilling". Meeting 4: October 13, 2010 (Washington, D.C.) National Commission on the BP Deepwater Horizon Oil Spill and Offshore Drilling. Archived from the original on December 28, 2011. Retrieved March 3, 2020.
  12. ^ "Jody Freeman SSRN Author Page". Social Science Research Network. Retrieved March 3, 2020.
  13. ^ "25 Most-Cited Public Law Scholars". Brian Leiter's Law School Reports. Retrieved March 3, 2020.
  14. ^ Moving to Markets in Environmental Regulation: Lessons from Twenty Years of Experience. Oxford University Press. October 2006. ISBN 978-0-19-978369-4. Retrieved March 3, 2020.
  15. ^ "Government by Contract: Outsourcing and American Democracy". Harvard University Press. Retrieved March 3, 2020.
  16. ^ Farber, Daniel A.; Freeman, Jody; Carlson, Ann E. (2010). Farber, Freeman and Carlson's Cases and Materials on Environmental Law, 8th (American Casebook Series) 8th Edition. ISBN 978-0-314-90883-4.
  17. ^ "Jody Freeman | ACUS". Administrative Conference of the United States. Retrieved March 3, 2020.
  18. ^ "American College of Environmental Lawyers". American College of Environmental Lawyers. Retrieved March 3, 2020.
  19. ^ "Inline XBRL Viewer". www.sec.gov. Retrieved August 3, 2023.
  20. ^ The Harvard Crimson. "Fossil Fuel Divest Harvard Calls on Law Professor to Leave ConocoPhillips Board of Directors". www.thecrimson.com. Retrieved September 3, 2023.
  21. ^ Lakhani, Nina; reporter, Nina Lakhani Climate justice (April 1, 2023). "Harvard professor's fossil fuel links under scrutiny over climate grant". The Guardian. ISSN 0261-3077. Retrieved September 3, 2023.
  22. ^ Moulds, Josephine; Lakhani, Nina (April 6, 2023). "Harvard professor lobbied SEC on behalf of oil firm that pays her lavishly, emails show". The Guardian. ISSN 0261-3077. Retrieved September 3, 2023.
  23. ^ Strauss, Marty; Hls '23 (April 13, 2023). "HLS Section 7 Students Urge Professor Jody Freeman to Resign from ConocoPhillips Board". Retrieved September 3, 2023.{{cite news}}: CS1 maint: numeric names: authors list (link)
  24. ^ Noor, Dharna (August 4, 2023). "Harvard environmental law professor resigns from ConocoPhillips after months of scrutiny". The Guardian. ISSN 0261-3077. Retrieved September 3, 2023.
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