
Andy Mergen
Andrew C. "Andy" Mergen is Clinical Professor and Faculty Director of the Emmett Environmental Law & Policy Clinic at Harvard Law School and a former DOJ Environment and Natural Resources Division litigator.
2
APPEARANCES
1
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012
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Sep 22, 2026
Ep 117 — Forest Service Proposes to Remove Protections from Roadless Areas
12:56
13:02
13:15
13:32
13:41
25:28

Sarah DeweyHOST
Andy, can you take us back to the legal history of the roadless rule and how it came into being during the Clinton administration?

Andy MergenGUEST
Yeah, I'm going to start maybe even a little bit earlier because Ben's book, which everyone should rush to their bookstore and library and get right away.

Andy MergenGUEST
And he makes a really important point in terms of, as we talk about the rescission a little bit later in the podcast, that in a lot of ways, the idea for a roadless rule was organic to the service, right? It was the experience of foresters, right? And maybe just a word about that.

Andy MergenGUEST
Ben does a great job of talking to folks who came to regret this giant network of roads and see how it fragmented and harmed the resources.

Andy MergenGUEST
And early in the Forest Service history, right, there were these great people like Aldo Leopold, a Yale graduate and a professor at the University of Wisconsin for many years, which I'm a proud graduate of, so I'll get that in here.
12 MINS LATER

Sarah DeweyHOST
Andy, can you talk a little bit about how the Forest Service tries to justify this change in position in this proposed rescission?
Ep 116— DOJ’s Environment and Natural Resources Division, Past and Present
11:04
11:15
11:22
11:33

Andy MergenGUEST
First, I guess I just sort of start again going back to the multitude of agencies that the Department of Justice, I almost said we, even though it's been a long time, that the Department of Justice represents.

Andy MergenGUEST
And some of those agencies have conflicting responsibilities and some administer statutes together.

Andy MergenGUEST
For instance, The Endangered Species Act is administered both by the Fish and Wildlife Service for terrestrial species primarily and by NOAA for ocean-going species.

Andy MergenGUEST
And so, you know, we say NRD doesn't set policy, but it has to work through those conflicts.
11 MINS LATER

