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Andy Mergen

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.

Sep 22, 2026

12:56
Andy, can you take us back to the legal history of the roadless rule and how it came into being during the Clinton administration?
13:02
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.
13:10
And I especially love chapter five, which is really about the roadless rule.
13:15
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.
13:32
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.
13:41
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.
13:54
Of course, he wrote Sand County Almanac in Wisconsin.

12 MINS LATER

25:28
Andy, can you talk a little bit about how the Forest Service tries to justify this change in position in this proposed rescission?
10:55
What's ENRD's role in any of that or other ways that it can set or sway policy?
11:01
Yeah.
11:02
So the policy role is an important one.
11:04
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.
11:15
And some of those agencies have conflicting responsibilities and some administer statutes together.
11:22
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.
11:33
And so, you know, we say NRD doesn't set policy, but it has to work through those conflicts.

11 MINS LATER

22:50
And that's absolutely true at DOJ as well.

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