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 […]
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 […]
Our colleague Larry Tribe’s response to our initial posting serves as a reminder of why he is widely celebrated as one of the nation’s most effective advocates. On the merits, though, we are no more persuaded. We will keep our rebuttal short. The Right to Say No and the Tenth Amendment To review […]
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, […]
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.
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 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.
In June, Harvard Law School’s Emmett Environmental Law & Policy Clinic and the Environmental Policy Initiative released “Regional and Municipal Stormwater Management: A Comprehensive Approach,” a new report that analyzes options for addressing stormwater pollution at both the regional and municipal level.