Profile XIV: Ms. Carrie Jenks, Executive Director of the Environmental & Energy Law Program, Harvard Law School
In this issue, The Daily Dynamo met with Ms. Carrie Jenks, an experienced lawyer in the environmental and energy law space and current Executive Director of the Environmental & Energy Law Program (EELP) at Harvard Law School. Before she returned to Cambridge – having been a student there years before – she worked in numerous roles, from Executive Vice President at M.J. Bradley & Associates and as an associate at Goodwin Procter and Willkie Farr & Gallagher, respectively. During her prior roles, she gained invaluable experience that has allowed her to make profound contributions in the arena in her current role at Harvard.
During her initial years in the legal space, she became deeply immersed in work regarding energy policy. Consulting for power companies, who “for a variety of economic and policy reasons, were advocating for environmental regulations at the federal level,” she identified opportunities to leverage incentives for economic growth as well as environmental protection. “There was a balance between how to design environmental regulations well so that they can be implemented and complied with,” Jenks recounted. In those roles, she became an effective translator, explaining to clients the regulatory requirements and supporting their engagement to drive regulatory certainty while balancing their need for regulations that could be effectively implemented by industry. “[One of the] lessons [I] learned is there can be a lot of economic opportunities for companies to make smart environmental decisions,” Jenks asserted, adding that the opportunity to work as a ‘translator’ was greatly empowering.
Now at EELP, she enjoys that same opportunity, though from a different perspective. “I'm still trying to play that translating role”, she said, noting that an academic environment can offer an important platform to enable open discussion among stakeholders. “Academic organizations can play a strong convening role where companies, NGOs, and experts can come together and share ideas,” she said. In such a setting, honest dialogue can lead to novel solutions. “There's a need to have people hear each other and be a place where that conversation can happen,” Jenks stressed.
Nearing her fourth year leading the program, Jenks highlights the program’s work on the Biden administration’s methane regulations as one of EELP’s recent achievements. Many of the administration’s regulations aimed to reduce methane emissions, but the ‘multiple rules’ created a complex and ambiguous environment difficult for companies to navigate. Playing the role of translator, she communicated the opportunity to align the businesses’ interests and environmental protection, as she’s done throughout her career. “We ask what are the regulatory design options to help align the incentives within the multiple state and federal rules so that the environment's better off and companies have more certainty to make cost effective investment decisions for the long term.”
As the Trump administration advances its own energy and environmental agenda, Jenks stresses that such a balance must endure. “There's an opportunity to make sure that these rules are not just rolled back for the sake of rolling back a regulation, [instead] provid[ing] businesses the certainty that they need,” she noted. To battle regulatory uncertainty between recent presidential administrations, she goes back to incorporating business incentives in existing rules and regulations. “There are ways that we can think about how to design the rules well so we don’t keep flipping back and forth, but really think about what are the ways to enable companies to make business decisions that result in environmental benefits,” Jenks stated.
Despite the Trump administration’s jarring contrast from its predecessor, Jenks maintains that EELP’s priorities do not change. “We're [still] focused on the clean energy transition and how laws can enable that clean energy transition and protect human health and the environment,” she said, noting that it is too early to tell what steps the administration will take. While her team will watch to ensure actions are made following existing statutes and regulations, their strategy is no different than before. “It’s the same goal under any administration,” she emphasized. “How do you make sure that the regulators have the right information to make the best decision that they can make so that the rules are durable?”
In the wake of the courts striking down numerous executive orders, Jenks is curious to see if the Trump administration’s strategy continues to push the boundaries of executive authority. “Do we continually see that pattern, or do we see the Trump administration pivot and try to do things that are more consistent with what this Congress has given him authority to do?”, she asked. The answer remains unclear for now.
Despite the barrage of regulatory uncertainty and political polarization Jenks and her team deals with on a daily basis, she remains confident in their ability to overcome such obstacles to create real progress in the environmental and energy arena:
I want to be known for pulling diverse stakeholders together that normally wouldn't be in the same room and giving them the space to hear each other so that each can advocate for what is of their interest, but advocate in a way that continues to make progress from wherever they are, Jenks underscored.
Throughout the next four years and the many more to come, Jenks will continue to help emblazon a path forward, finding a middle ground for business and environmental interests just as she has always done. No matter what regulations come her way, she will continue to translate them into actionable solutions, lead her team forward, and inspire the next generation of changemakers.
