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 […]

Why EPA’s Climate Plan Is Unconstitutional

When my friends Jody Freeman and Richard Lazarus defend the legality of the EPA’s power plant rule by saying that no one would take the constitutional arguments against the rule seriously were my “name not attached to them,” they no doubt mean to be complimentary. But I take my arguments very seriously indeed and hope, […]

Experts debate the constitutionality of the president’s climate change plan

Noted constitutional law professor Laurence Tribe ’66, Carl M. Loeb University Professor, has made headlines with his Congressional testimony that the Environmental Protection Agency’s Clean Power Plan is unconstitutional. Professors Jody Freeman LL.M. ’91 S.J.D. ’95 and Richard Lazarus ’79–two leading Harvard Law professors with expertise in environmental law, administrative law, and Supreme Court environmental litigation–take an opposing view.