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 […]

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.

Freeman and Lazarus: Is the President’s Climate Plan Unconstitutional?

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 […]

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

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.