A rebuttal from Tribe

Laurence Tribe Preferred Faculty Photo, as of 3/3/14

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

Freeman-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

Laurence Tribe Preferred Faculty Photo, as of 3/3/14

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

Supreme-Court_istock (hi res)

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.

Is the President’s Climate Plan Unconstitutional?

Freeman-Lazarus

Experts debate the constitutionality of the president’s climate change plan Noted constitutional law professor Laurence Tribe ’66 has made headlines with his Congressional testimony that the Environmental Protection Agency’s Clean Power Plan is unconstitutional. Testifying before the Energy and Power subcommittee of the House Energy and Commerce Committee on the EPA’s proposed rule for existing power […]

Lecturer Emily Broad Leib awarded Climate Change Solutions Fund grant

Emily Broad Lieb

Lecturer on Law Emily Broad Leib, the director of Harvard Law School’s Food Law and Policy Clinic, was awarded a research grant in the inaugural year of Harvard President Drew Faust’s Climate Change Solutions Fund. Broad Leib’s project, “Reducing Food Waste as a Key to Addressing Climate Change,” was one of seven chosen to confront the challenge of climate change using the levers of law, policy, and economics, as well as public health and science.

Freeman, Lazarus discuss legal fate of EPA proposal to toughen emissions rules (video)

Lazarus High Res

In a discussion on the EPA’s proposed regulations on power-plant emissions, HLS Professors Richard Lazarus and Jody Freeman said that the proposed rules have the potential to both transform the national energy scene and invigorate international climate-change negotiations.