Richard Lazarus is the Howard J. and Katherine W. Aibel Professor of Law at Harvard University, where he teaches Environmental Law, Natural Resources Law, Supreme Court Advocacy, and Torts. Warren v. Maine Department of Environmental Protection, The Emerging Environmental Law Curriculum, The Trump Administration's Rollback of U.S. (pending Michigan v. EPA before the US Supreme Court), The Opinion Assignment Power, Justice Scalia's Un-Becoming, and UARG's Unanticipated Cloud Over the Clean Air Act, Environmental Law at the Crossroads: Back 25, Looking Forward 25, The Power of Persuasion Before and Within the Supreme Court: Reflections on NEPA's Zero for Seventeen Record at the High Court, Richard J. Lazarus, Deep Water: The Gulf Oil Disaster and the Future of Offshore Drilling, Report to the President of the United States, First Annual Climate & Energy Law Symposium: Federal Preemption of State Prerogative-California in the Face of National Climate Policy, A Good Quarrel: America's Top Reporters Share Stories from Inside the Supreme Court, Advocacy Matters Before and Within the U.S. Supreme Court: Transforming the Court by Transforming the Bar, Encyclopedia of the United States Supreme Court, The Environment and Natural Resources Division of the United States Department of Justice: Planning for the Transition to the Next Administration, Bill Rodgers: Environmental Law's Captain Planet, Environmental Law After Katrina: Reforming Environmental Law by Reforming Environmental Lawmaking, The Measure of a Justice: Justice Scalia and the Faltering of the Property Rights Movement within the U.S. Supreme Court, Congressional Descent: The Demise of Deliberative Democracy in Environmental Law, Human Nature, the Laws of Nature, and the Nature of Environmental Law, The Nature of Environmental Law and the U.S. Supreme Court, Strategies for Environmental Success In An Uncertain Judicial Climate, Richard J. Lazarus, The Making of Environmental Law, A Different Kind of “Republican Moment” in Environmental Law, Restoring What's Environmental About Environmental Law in the Supreme Court, "Environmental Racism! Professor Lazarus next discusses the details of this transformation, arguing that Rev. It is a symbol of the significance of the case for Lazarus, who has written the book “The Rule of Five: Making Climate Change History at the Supreme Court,” which tells the inside story of the landmark environmental case. Not all losses are created equal. A District Court Admonishes EPA; Will the White House Now Pile On? A generation ago, environmental law scholars would routinely comment on how the only constant in environmental law was change: its dynamic nature. Treasures collected from around the world, for the world. My perspective on time, however, has (naturally) since evolved, much as environmental law itself and the controversies surrounding it have, too, evolved. Dedicated to excellence in teaching, scholarship, and interdisciplinary exploration. Harvard Forward Unveils Second Overseer Slate. Thinking of his young daughters and determined to fight climate change, he pressed on—and brought Sierra Club, Greenpeace, NRDC, and twelve state attorneys general led by Massachusetts to his side. Climate Litigation Has at Least for Now Dodged A Possibly Fatal Blow, Kavanaugh's Ascent Is Enormously Significant for Environmental Law, Harvard's Lazarus Expects More EPA Blundering on Climate Change, Trump's Path to Weaker Fuel Efficiency Rules May Lead to a Dead End, Chief Justice Roberts presided impartially, yet left questions whether Trump's trial was a fair one, Senate impeachment trial is opportunity for Chief Justice Roberts to show "nonpartisan nature" of judges, With stakes beyond task at hand, John Roberts takes central role in Trump's impeachment trial, E.P.A. Justice Antonin Scalia’s death and the battle over selecting his successor have raised the prospect of an extended period with a Supreme Court split 4-4 between conservative and liberal justices–‘In short, a mess’ for the legal future of the Clean Power Plan, according to Richard Lazarus. Whether any such concern then was justified, the concern now is quite different: too little change rather than too much. Lazarus graduated from University High School in Urbana, Illinois. Richard J. Lazarus, Katherine Aibel Professor of Law at Harvard University, will discuss his latest book, The Rule of Five: Making Climate History at the Supreme Court.About The Rule of FiveWhen the Supreme Court announced its ruling in Massachusetts v. EPA, the decision was immediately hailed as a landmark. Consumer Information (ABA Required Disclosures), Environmental Law and Policy: U.S. Environmental Protection Agency, Environmental Law and Policy: Climate Change, Environmental Law and Policy: 2010 Gulf Oil Spill, Environmental Law and Policy: Environmental Justice, Environmental Law and Policy: Presidential Investigative Commissions, Environmental Law and Policy: Natural Resources Law, U.S. Supreme Court: U.S. Supreme Court Advocacy, Environmental Law and Policy: Environmental History, Environmental Law in the Supreme Court, Spring 2021. And the better advocates before and within the Court are exceedingly effective at shaping that reasoning. Climate Policy. Harvard Law School professor Richard J. Lazarus offered new insights into climate law in a Harvard Kennedy School webinar on his new book, “The Rule of Five: Making Climate History at … Although the development of such expertise is generally a positive development for the Bar and the Court, it makes it all the more important that such expertise be available to opposing viewpoints on important legal issues that the Court is deciding. Prior to his arrival at Georgetown in 1996, Professor Lazarus taught at the Washington University School of Law (1989–1996) and the Indiana University Maurer School of Law(1983–1985) and worked in the Solicitor General's Office (1986–1989) and the Land and Natural Resources Division of the United States Depart… Richard Lazarus is the Howard J. and Katherine W. Aibel Professor of Law at Harvard University, where he teaches Environmental Law, Natural Resources Law, Supreme Court Advocacy, and Torts. The history has not changed since first publication, and it remains an excellent overview of how politics shaped environmental policy over the twentieth century in ways that affect us now in the twenty-first century. This Article reviews the remarkable string of seventeen straight losses that environmental plaintiffs have suffered in Supreme Court cases arising under the National Environmental Policy Act (NEPA) and challenges the accepted wisdom that these rulings reflect the Court's hostility toward environmental protection. Richard Lazarus is the Howard and Katherine Aibel Professor of Law at Harvard University, where he teaches environmental law, natural resources Law, Supreme Court advocacy, and torts. Unrivaled access to opportunities and support for career goals. To be sure, the statutory texts of domestic environmental law are strikingly the same. Photographs courtesy of Harvard Forward. Read More. The article offers some of those lessons by making a series of findings and then proffering deliberately provocative, albeit speculative, explanations for them. As counsel for the state in Massachusetts v. EPA learned, the exchange of fire over that small divide is highly penetrating and usually hostile. Interestingly, there is reason to believe that the latter phenomenon reflects the Harvard Law School's implicit signaling to its student body of scholarly value (or the lack thereof) through the law school's curricular offerings and the areas of its own faculty expertise in teaching and scholarship. We see how accidents, infighting, luck, superb lawyering, and the arcane practices of the Supreme Court collided to produce a legal miracle. Where theory meets practice: curricular depth and experiential learning. Indeed, in some instances, the NEPA plaintiffs won more than they lost. He holds a B.S. Featured. Three aspirants for election to the Board of Overseers, under its new rules limiting petition candidates 11.18.20. Harvard Book Store's virtual event series welcomes RICHARD J. LAZARUS—Katherine Aibel Professor of Law at Harvard University—for a discussion of his latest book, The Rule of Five: Making Climate History at the Supreme Court. Published: Friday, April 7, 2017. The article examines over a thirty year time horizon such diverse aspects of environmental law scholarship as the sheer amount of scholarship, evolutionary trends in the topics for scholarly inquiry, number of environmental law courses and environmental law professors, proliferation of environmental law journals, relative rates of publication of environmental law scholarship in the nation's most prestigious law reviews, and the identity and relative ranking of those law reviews that published the articles widely viewed as the "best." This unlikely group—they called themselves the Carbon Dioxide Warriors—challenged the Bush administration and took the EPA to court. School Name: Harvard Law School Academic Year: 2011-2012. The Harvard Law School’s Class of 2019 chose Richard Lazarus ’79 to receive the prestigious Albert M. Sacks-Paul A. Freund Award for Teaching Excellence. Richard Lazarus. The space between jurists and advocate at the Supreme Court is only a little more than six feet during oral arguments. First, as revealed by the written briefs and oral arguments of the advocates and by the internal deliberations of the Justices in those cases, the government's "perfect record" came at a significant cost: the Solicitor General abandoned many lower court arguments and made major concessions about NEPA 's requirements. Twenty-five years used to seem like an exceedingly long time. There’s no better book if you want to understand the past, present, and future of environmental litigation. Er entwickelte eine Theorie zur Stressbewältigung, die als Stressmodell von Lazarus seinen Namen trägt, und leistete Beiträge zur Kognitiven Wende. This chapter documents the extent of the modern bar’s domination of the Court’s docket, arguments, and rulings and considers the extent to which business interests that serve as the bar’s primary clients are enjoying heightened success before the Court as a result. The Harvard Law School’s Class of 2019 chose Richard Lazarus ’79 to receive the prestigious Albert M. Sacks-Paul A. Freund Award for Teaching Excellence. The first is Congress and the politics of environmental law. Health & Medicine. To be sure, NEPA plaintiffs have not fared well before the Court and have lost some significant arguments there, but their record is far less dismal or one-sided as is routinely supposed. Richard Lazarus is the Howard and Katherine Aibel Professor of Law at Harvard University, where he teaches environmental law, natural resources Law, Supreme Court advocacy, and torts. Page 1 of 7 First Previous 1 2 3 … 7 Next Last Robin Bravender, E&E News reporter . His primary areas of legal scholarship are environmental and natural resources law, with particular emphasis on constitutional law and the Supreme Court. But could something as ordinary as carbon dioxide really be considered a harmful pollutant? William W. Buzbee, Ann E. Carlson, Megan M. Herzog, Jody Freeman, Richard J. Lazarus, Thomas O. McGarity, Craig N. Oren, Richard L. Revesz & Cecilia Segal, Richard J. Lazarus, Norfolk & Western Railway v. Ayers, 538 U.S. 135 (2003) 127. The essay focuses on three topics in reflecting on the changes in environmental law and environmental lawmaking since the Association’s first meeting. He graduated from Harvard Law School in 1979 and he has a B.S. Agency, S.D. Harvard Law Review Forum Presidential Combat Against Climate Change. Contribute to Support Harvard Book Store Richard James Lazarus Georgetown University Law Center Abstract: Feedback. Congress was regularly passing significant statutory amendments in what was largely a constructive iterative lawmaking process, involving federal and state legislatures, agencies, and courts. And yet, it is that static quality that ironically underscores how much has changed. He served as the Executive Director of the President’s Commission responsible for investigating the root causes of the 2010 oil spill in the Gulf of Mexico. Some "losses" are the product of concessions made by the prevailing party that amount to significant wins by the purported losing party. And even if the EPA had the authority to regulate emissions, could it be forced to do so? Counsel of Record for Respondent St. Croix County. Professor Lazarus has represented the United States, state and local governments, and environmental groups in the United States Supreme Court in 40 cases and has presented oral argument in 14 of those cases. While the latter "republican" invokes the political tradition referred to as "civic republicanism," the former "Republican" refers instead to the current National Republican Party. Prior to joining the Harvard law faculty, Professor Lazarus was the Justice William J. Brennan, Jr., Professor of Law at Georgetown University, where he also founded the Supreme Court Institute. The paucity of published scholarship stands in sharp contrast to environmental law's remarkable and dramatic emergence during that same time period. Harvard University Center for the EnvironmentHarvard Law SchoolOffice: Areeda 329Email: lazarus@law.harvard.eduAssistant: Melinda Eakin (617) 496-8015Web: Richard J. 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