Freeman on what’s next for climate change policy

Regulations to fight climate change likely will be casualties of the incoming Trump administration, but environmental experts taking stock of the changing American political landscape said that work in the field will continue elsewhere and that a broad-based rollback of U.S. environmental protection will prove easier said than done.

2016 Election implications for climate change regulation: Not as bad as it seems?

An op-ed by Jody Freeman: The stunning results of the 2016 election have prompted headlines suggesting that Trump will, with the help of the Republican Congress, dramatically reverse the Obama legacy on climate, energy and the environment. But how realistic is this threat? The short answer is: the picture is significantly more complicated, and markedly less bleak, than the headlines suggest.

Two former Republican EPA Administrators file brief supporting Obama’s plan to cut carbon emissions

Two former EPA Administrators, who served Republican Presidents, William D. Ruckelshaus and William K. Reilly, filed a friend of the court brief supporting the Obama administration’s plan to cut carbon emissions from power plants. EPA’s Clean Power Plan is being challenged in the D.C. Circuit Court of Appeals by a coalition of State and industry opponents. This week, EPA filed its response to the legal challenge, and a number of other briefs are being filed in support of the Administration.

Freeman, Lazarus author amicus motion on behalf of former EPA Administrators to back Clean Power Plan

Former United States EPA Administrators William D. Ruckelshaus and William K. Reilly formally moved today to participate in pending litigation in support of the legality of the President’s Clean Power Plan. The motion seeking leave to file a friend of the court brief was written by Jody Freeman and Richard Lazarus of Harvard Law School.

A rebuttal from Tribe

In previous exchanges with my colleagues Jody Freeman and Richard Lazarus, I have explained why EPA’s Clean Power Plan lacks statutory authority and raises serious constitutional questions that would in fact eliminate any claim by EPA to deference for its revisionist reading of the Clean Air Act. In their most recent post, Freeman and Lazarus […]

A followup from Freeman and Lazarus

For the purposes of what we hope to be our final rebuttal, we will confine ourselves to just one topic: the essential distinction between legal advocacy and legal scholarship. Our silence on other matters should not, however, be misunderstood as acquiescence. None of Tribe’s constitutional arguments (separation of powers, Tenth Amendment, Read More Laurence Tribe’s […]