Professor Jody Freeman

Jody FreemanJody Freeman 2

Jody 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 book, GLOBAL CLIMATE CHANGE AND U.S. LAW (co-edited with Michael Gerrard) was published in 2015.

Professor Freeman served in the White House as Counselor for Energy and Climate Change in 2009-10. She 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. In her role, she also 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.

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, and 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, Guardian, and Los Angeles Times.

Professor Freeman has been involved in a highly public debate with Professor Tribe over the constitutionality of the President's climate plan. See Politico coverage on the controversy, here: Politico.

For Professor Freeman's analysis of the legal defensibility of the President's Clean Power Plan, go here: Politico; why utilities will benefit from it, here: NYT piece; and its legal and political prospects, here: Guardian piece. For an extensive interview on the plan's impact, listen here: public radio interview (scroll to Freeman segment).

Freeman's major writings in environmental law include Climate Change and US Interests, 109 Columbia L. Rev. 1531 (2009) (with Guzman), Timing and Form of Federal Regulation: The Case of Climate Change, 155 U. Penn. L. Rev. 1499 (2007) (with DeShazo); and Modular Environmental Regulation, 54 Duke L. Rev. 795 (2005) (with Farber). In 2006, Freeman authored an amicus brief on behalf of former Secretary of State Madeleine Albright. MA v. EPA, the global warming case decided by the Supreme Court in 2007. Her commentary on that case, MA v. EPA: From Politics to Expertise (with HLS Professor Adrian Vermeule) appears in the 2007 Supreme Court Review.

Professor Freeman is also 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." She is the co-author of a leading administrative law casebook.

Professor Freeman's major works in administrative law include The Private Role in Public Governance 75 NYU L. Rev. 543 (2000) (for which she received the annual scholarship award from the American Bar Association's Section on Administrative Law and Regulatory Practice for the single best article in the nation on administrative law), Extending Public Law Norms Through Privatization, 116 Harv. L. Rev.1285 (2003), The Contracting State, 28 FLA. St. U. L. Rev 155 (2001), Regulatory Negotiation and the Legitimacy Benefit, 9 NYU Env'l L. Rev. 60 (2001) (with Langbein), and Collaborative Governance in the Administrative State, 45 UCLA L. Rev 1 (1997). She has also written extensively on the dynamic between Congress and Executive agencies (The Congressional Competition to Control Delegated Power, 81 Tex. L. Rev. 1443 (2003)), and among agencies (Public Agencies as Lobbyists, 105 Colum. L. Rev. 2217 (2005)) (both with DeShazo).

Her administrative law writings have been translated into several languages; a collection of her articles was published in China in 2011.

Professor Freeman has also produced two other significant books: Moving to Markets in Environmental Regulation, Lessons after Twenty Years of Experience (Oxford University Press 2006, edited with Charles Kolstad) and Government by Contract: Outsourcing and American Democracy (Harvard University Press, 2009, edited with Harvard Law School Dean Martha Minow).
For Professor Freeman's publications available on SSRN, go here:
To see Professor Freeman's chair talk on Coordination of Agencies in Shared Regulatory Spaces click here chair talk
To hear Professor Freeman's 2009 lecture on energy and climate change at the University of San Diego, go here: (scroll to Main Symposium and click on keynote)
To hear Professor Freeman's Princeton Lecture on ethics and climate change go here:
For a 2008 article on the Harvard Environmental Law Program including an interview with Professor Freeman, go here: Bulletin article.
To see a 2007 interview with Professor Freeman on environmental law and climate change, go here: