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CleanLaw
HLS Environmental & Energy Law Program
110 episodes
1 week ago
What does it take to electrify a cold-weather state? Maine is leading the nation in home electrification, with more than 150,000 heat pumps installed and counting. Efficiency Maine Trust executive director Michael Stoddard joins EELP’s Abby Husselbee to talk about how Maine’s independent approach, simple program design, and partnership with small businesses are transforming home heating and cutting emissions.
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All content for CleanLaw is the property of HLS Environmental & Energy Law Program and is served directly from their servers with no modification, redirects, or rehosting. The podcast is not affiliated with or endorsed by Podjoint in any way.
What does it take to electrify a cold-weather state? Maine is leading the nation in home electrification, with more than 150,000 heat pumps installed and counting. Efficiency Maine Trust executive director Michael Stoddard joins EELP’s Abby Husselbee to talk about how Maine’s independent approach, simple program design, and partnership with small businesses are transforming home heating and cutting emissions.
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Episodes (20/110)
CleanLaw
EP110—How Maine Became a Heat Pump Leader
What does it take to electrify a cold-weather state? Maine is leading the nation in home electrification, with more than 150,000 heat pumps installed and counting. Efficiency Maine Trust executive director Michael Stoddard joins EELP’s Abby Husselbee to talk about how Maine’s independent approach, simple program design, and partnership with small businesses are transforming home heating and cutting emissions.
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1 week ago
54 minutes 52 seconds

CleanLaw
EP109—Cumulative Impacts and the ‘Holy Grail’ of EJ Policy
EELP's Hannah Perls speaks with environmental justice pioneer Charles Lee, former director of EPA's Office of Environmental Justice and principal author of the landmark 1987 report, Toxic Wastes and Race in the United States, and now a visiting scholar at Howard University School of Law, and Sean Moriarty, former deputy commissioner with the New Jersey Department of Environmental Protection. They discuss the growing field of cumulative impacts analysis and how states are increasingly using this tool in permitting and other programs to advance meaningful protections for overburdened communities across the country. Transcript: https://eelp.law.harvard.edu/wp-content/uploads/2025/10/CleanLaw_EP109-Transcript.pdf Toxic Wastes and Race in the United States: https://www.ucc.org/what-we-do/justice-local-church-ministries/efam/environmental-justice/environmental-ministries_toxic-waste-20/ New Jersey Department of Environmental Protection's Environmental Justice Archives: https://dep.nj.gov/ej/archive/#meeting-20210624 EELP's EJ Tracker page on EPA's cumulative impacts efforts: https://eelp.law.harvard.edu/tracker/epa-released-interim-framework-for-advancing-consideration-of-cumulative-impacts/ National Academies of Sciences, Engineering, and Medicine's State-of-the-Science and the Future of Cumulative Impact Assessment report: https://www.nationalacademies.org/our-work/state-of-the-science-and-the-future-of-cumulative-impact-assessment The New School Tishman Environment and Design Center's Cumulative Impacts Dashboard map of EJ laws: https://www.tishmancenter.org/cumulativeimpacts
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4 weeks ago
49 minutes 53 seconds

CleanLaw
Ep108—What Science and the Law Say about EPA’s Authority to Regulate GHGs
EELP's Founding Director and Harvard Law Professor, Jody Freeman, speaks with Harvard Law Professor Richard Lazarus and Solomon Hsiang, Professor of Global Environmental Policy at the Stanford Doerr School of Sustainability. They speak about EPA's recent proposal to repeal the agency's 2009 Endangerment Finding, and dig into the legal and scientific arguments offered by EPA. They discuss whether the Supreme Court decision in Massachusetts v. EPA already answers some of these legal questions and the state of the science on climate change: what we knew in 2009 when EPA first made its Endangerment Finding, and how our understanding has continued to improve. Transcript: https://eelp.law.harvard.edu/wp-content/uploads/2025/08/CleanLaw_EP108-Transcript.pdf eelp.law.harvard.edu
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2 months ago
53 minutes

CleanLaw
Ep107—Trump's Move to Kill the Clean Air Act's Climate Authority, Forever
In this special crossover episode of CleanLaw and Shift Key, Heatmap's weekly podcast on decarbonization and the shift away from fossil fuels, EELP’s Founding Director Professor Jody Freeman speaks with Shift Key hosts Robinson Meyer, the Founding Executive Editor of Heatmap News, and Jesse Jenkins, Professor of Energy Systems Engineering at Princeton University.  They discuss the Trump administration's proposed finding that that carbon dioxide and other greenhouse gases are not dangerous pollutants and the potential for EPA to soon surrender its ability to regulate heat-trapping pollution from cars and trucks, power plants, and factories. They also talk about whether Trump gambit will work, the arguments that the administration is using, and what it could mean for the future of U.S. climate and energy policy.
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3 months ago
1 hour 5 minutes 47 seconds

CleanLaw
EP106—Bipartisan Reflections on EPA’s Past, Present, and Future (Part II)
In the second of this two-part series, EELP's Founding Director and Harvard Law Professor Jody Freeman speaks with William Reilly, EPA Administrator under President George H.W. Bush, and Christine Todd Whitman, EPA Administrator under President George W. Bush. They discuss their time at EPA including efforts to simultaneously advance environmental protections and economic growth. They also discussed the consequences of current changes to the agency under the Trump administration, including the loss of scientific expertise, and they highlight current career opportunities for people dedicated to public service. Transcript: https://eelp.law.harvard.edu/wp-content/uploads/2025/07/CleanLaw_EP106-Transcript.pdf
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3 months ago
56 minutes 34 seconds

CleanLaw
EP105—Bipartisan Reflections on EPA’s Past, Present, and Future (Part I)
In the first of this two-part series, EELP's Founding Director and Harvard Law Professor Jody Freeman speaks with Gina McCarthy, EPA Administrator under President Obama and the White House National Climate Advisor under President Biden. They discuss Gina's time at EPA, including the agency's mission to safeguard public health and the environment through actions that rely on robust science, technology, data, and policymaking expertise. They also review current actions by the Trump administration and discuss how private and nonprofit stakeholders and federal and state policymakers can work together to make progress on climate change and other environmental justice and public health issues. Transcript (PDF): https://eelp.law.harvard.edu/wp-content/uploads/2025/07/CleanLaw_EP105-Transcript.pdf
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3 months ago
50 minutes 55 seconds

CleanLaw
EP104—Breaking Down Recent Changes to NEPA from Agencies, Congress, and the Courts
EELP attorney Hannah Perls speaks with Professor Andrew Mergen, faculty director of Harvard’s Emmett Environmental Law and Policy Clinic, about the latest updates to the National Environmental Policy Act, including new agency implementing procedures, the Supreme Court’s recent opinion in Eagle County, and amendments included in the One Big Beautiful Bill recently passed by Congress. They talk about what these changes mean in practice for project developers, impacted communities, and the environment. Transcript: https://eelp.law.harvard.edu/wp-content/uploads/2025/07/CleanLaw_EP104-Transcript.pdf Links: NEPA overview https://eelp.law.harvard.edu/nepa-overview/ NEPA Regulatory Tracker page https://eelp.law.harvard.edu/tracker/nepa-environmental-review-requirements/ NEPA after Eagle County decision https://eelp.law.harvard.edu/the-future-of-nepa-and-federal-permitting-after-eagle-county/ CEQ's template and agencies' procedures https://eelp.law.harvard.edu/decoding-agencies-new-nepa-procedures/ "Energy emergency" declaration https://eelp.law.harvard.edu/the-trump-administrations-aggressive-anti-regulatory-pro-fossil-fuel-directives/
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4 months ago
44 minutes 53 seconds

CleanLaw
EP103—The Future of Environmental Justice with MA AG Andrea Campbell and Vernice Miller-Travis
EELP Senior Staff Attorney Hannah Perls speaks with the Attorney General of Massachusetts, Andrea Joy Campbell, and Vernice Miller-Travis, Executive Vice President and Environmental Justice Lead at the Metropolitan Group. They discuss the Trump administration’s efforts to dismantle federal environmental justice and equity programs, funding, and priorities, and what those changes mean for critical infrastructure, toxics-free housing, access to clean air and clean water, and more. They also discuss what states and community-based organizations are doing in this moment to safeguard public health and environmental protections in Massachusetts and nationwide. Transcript: https://eelp.law.harvard.edu/wp-content/uploads/2025/05/CleanLaw_EP103-Transcript.pdf Links: Multi-State Guidance Concerning Diversity, Equity, Inclusion, and Accessibility Employment Initiatives, from 16 state attorneys general, Feb. 13, 2025 https://www.mass.gov/doc/multi-state-guidance-concerning-diversity-equity-inclusion-and-accessibility-employment-initiatives/download Toxic Wastes and Race in the United States, a report from the United Church of Christ’s Commission for Racial Justice, 1987 https://www.ucc.org/wp-content/uploads/2020/12/ToxicWastesRace.pdf Searchable map of facilities invited by EPA to apply for presidential exemptions from air pollution limits, compiled by EDF, April 30, 2025 https://www.edf.org/maps/epa-pollution-pass/
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6 months ago
53 minutes 7 seconds

CleanLaw
Ep102—Unpacking the White House’s Legal Strategy for Attacking Environmental Protection
In this episode, EELP founding director and Harvard Law Professor Jody Freeman speaks with Carrie Jenks, EELP's executive director and Ari Peskoe, director of EELP's Electricity Law Initiative. They discuss President Trump's most recent executive orders on climate, energy, and the environment and what they are watching for as agencies begin to implement the administration’s directives to roll back environmental regulations; challenge state energy and climate policies, and revitalize the coal industry. Transcript available here: https://eelp.law.harvard.edu/wp-content/uploads/2025/04/CleanLaw_EP102-Transcript.pdf
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6 months ago
53 minutes 43 seconds

CleanLaw
Ep 101—Who Will Pay for Data Centers’ Massive Power Bills? It’s Probably You.
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/
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7 months ago
36 minutes 47 seconds

CleanLaw
Ep 100—Trump’s Bold Reversal on Energy and Climate Policy: ‘It’s a Lot’
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/
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9 months ago
59 minutes 21 seconds

CleanLaw
Ep 99—Title VI of the Civil Rights Act, Part II: Environmental Justice Lawyering in Practice
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
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11 months ago
42 minutes 12 seconds

CleanLaw
Ep 98—60 Years of Title VI of the Civil Rights Act, Part 1: LA v EPA
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/
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1 year ago
39 minutes 31 seconds

CleanLaw
Monumental Decisions: The Antiquities Act and Presidential Authority
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
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1 year ago
45 minutes 27 seconds

CleanLaw
Ep 96—Suite of Supreme Court Decisions Undermine Administrative Law
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
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1 year ago
58 minutes 42 seconds

CleanLaw
Ep 95—The Road to Clean Cars and Clean Air: California's Pivotal Role
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
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1 year ago
52 minutes 45 seconds

CleanLaw
Ep 94—FERC’s New Approach to Improving Transmission Investment, Order No. 1920
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
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1 year ago
59 minutes 9 seconds

CleanLaw
Ep 93 — Wicked Resilient: Climate Adaptation in Massachusetts
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
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1 year ago
54 minutes 29 seconds

CleanLaw
Ep 92 — The Endangered Species Act at 50: Potent Statute, Risky Future
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
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1 year ago
46 minutes 26 seconds

CleanLaw
Ep 91—Global and US Methane Initiatives
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 Defense Fund, and EELP’s Executive Director, Carrie Jenks. They discuss international and domestic efforts to reduce methane emissions, the Global Methane Pledge from COP 26, the Oil and Gas Decarbonization Charter from COP 28, the Biden administration’s recently released final methane rule for the oil and natural gas sector, the technology innovation that is making it increasingly possible to detect methane leaks, and the climate benefits of focusing on methane. Transcript available here http://eelp.law.harvard.edu/wp-content/uploads/CleanLaw-91-transcript.pdf
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1 year ago
1 hour 1 minute 17 seconds

CleanLaw
What does it take to electrify a cold-weather state? Maine is leading the nation in home electrification, with more than 150,000 heat pumps installed and counting. Efficiency Maine Trust executive director Michael Stoddard joins EELP’s Abby Husselbee to talk about how Maine’s independent approach, simple program design, and partnership with small businesses are transforming home heating and cutting emissions.