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 […]
I appreciate the opportunity to respond to the rebuttal of my colleagues Jody Freeman and Richard Lazarus, who continue to take issue with my legal objections to EPA’s “Clean Power Plan.” I was tempted just to let them have the last word, because I don’t think their rebuttal effectively answers my original post, but I […]
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.