Category Archives: Faculty

Richard Lazarus: First Monday May Shed Light on Water Case

Who should hear cases on industry challenges to EPA and the Army Corp of Engineers’ definition of “navigable waters?” Federal district courts or the court of appeals?  Federal government attorneys argue that a “pragmatic construction” of the Clean Water Act would send cases with broad policy implications to one of the thirteen appeals courts, rather […]

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Professor Lazarus on Murr v. Wisconsin and Regulatory Takings

On June 23, 2017, the Supreme Court upheld Wisconsin and St. Croix County land use regulations written to protect a Wild and Scenic River. Professor Richard Lazarus argued the case on behalf of the regulators before the Supreme Court in March. Justice Kennedy wrote the majority opinion, finding that the state and local regulations preventing separate […]

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Freeman on the Uncomfortable Convergence of Energy and Environmental Law

In her latest Harvard Environmental Law Review article, Archibald Cox Professor of Law Jody Freeman examines the relationship between energy and environmental law, two historically disparate fields, which some scholars suggest have been “converging” in recent years. Freeman offers a more tempered view, arguing that true “convergence” between energy and environmental law remains elusive. Using detailed examples from some of the most prominent […]

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Professor Lazarus: NYT Quote of the Day

“Just the number of environmental rollbacks in this time frame is astounding. Pruitt has come in with a real mission,” Professor Richard Lazarus was quoted in the Sunday, July 2nd New York Times (a day earlier in the online edition). The Quote of the Day, from the front page story “E.P.A. Chief Voids Obama-Era Rules In […]

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Clinic Director Jacobs Discusses Living Lab Initiatives in Harvard Gazette

Clinic Director Wendy Jacobs was featured in an October 6, 2016 article in the Harvard Gazette on the University’s Living Lab Initiatives. Professor Jacobs will be leading the Climate Solutions Living Lab Course and Research Project, which is designed to bring together students from across the university in interdisciplinary teams to develop innovative approaches for […]

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Watch Freeman and Lazarus Discuss Clean Power Plan Outlook

Harvard Law School faculty members Jody Freeman and Richard Lazarus and Environmental Policy Initiative Director Kate Konschnik recently discussed the Supreme Court and the future of the Clean Power Plan. Their conversation, hosted by the Harvard University Center for the Environment, is available to view online. As leading experts on the Clean Power Plan, Freeman and Lazarus assessed the impact of the […]

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Update on the Clean Power Plan: The Knowns and Unknowns

By Jody Freeman & Richard Lazarus (Originally posted on the American College of Environmental Lawyers Blog) State Reactions to the Stay Now that the Supreme Court has stayed the Clean Power Plan, States are in the process of deciding whether or not to proceed with implementation planning, and if so, at what pace to do […]

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Prof. Lazarus Assesses Recent Supreme Court Ruling

Following the Supreme Court’s decision in Michigan v. EPA, what are the prospects for the EPA Mercury Rule? Perhaps even more significantly, what are the implications of that decision for the EPA as it defends the Clean Power Plan? Prof. Richard Lazarus addresses these questions in a column for the Environmental Law Institute’s Environmental Forum. […]

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Freeman and Lazarus in The Guardian: the legal and political challenges ahead

In an article published on August 5, Professors Jody Freeman and Richard Lazarus argue that while the Clean Power Plan faces legal challenges, the political risks to the rule may be far greater. EPA’s rule, issued on August 3, sets the first-ever limits on carbon dioxide emissions from existing power plants under the Clean Air […]

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Professor Lazarus Shares Lessons from U.S. Environmental Law in Japan

At the University of Tokyo on July 9, Professor Richard Lazarus spoke before an audience of Japanese Supreme Court Justices, University of Tokyo law faculty and students, and the Chief Justice of the United States. Professor Lazarus described the present state of U.S. environmental law, highlighting both its successes and its current challenges. “Just as […]

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