In the Media Kids’ Climate Suit Misses The Mark But Fallout Will Be Limited “I think this was the best possible loss the plaintiffs could have had,” Richard Lazarus, a professor at Harvard Law School, said. “I was quite worried about the case becoming a train wreck.” January 21, 2020
In the Media Trump Orders Could Gum Up The Works At Enviro Agencies “The short answer is: the more rulemaking, the more litigation,” said Joseph Goffman, a former Obama-era EPA official who is now the executive director of Harvard Law School’s Environmental and Energy Law Program. “The increased burden will fall on DOJ if so, as the agency tends to engage in consultation with stakeholders even on guidance and sometimes puts out draft guidance for comment.” October 15, 2019
In the Media FERC Says Its Authority Preempts New Hampshire Power Law Ari Peskoe, the director of Electricity Law Initiatives at Harvard Law School, told Law360 it is rare a state so blatantly sets a wholesale rate. September 24, 2019
In the Media Justice Stevens Ruling Set Groundwork For US Climate Policy “It showed that Justice Stevens was a consensus builder, somebody who could write an opinion in a way that would attract, not repel, votes,” said Jody Freeman, the founding director of Harvard Law School’s Environmental and Energy Law Program and a former Obama energy and climate change counselor. “That’s a very important skill for a Supreme Court justice.” July 23, 2019
In the Media Opaque Trade Groups May Need To Name Names In Court “Judge Pillard’s apparent invocation of the kind of tougher Article III standards often promoted by business interests to seek to persuade courts to deny environmentalists Article III standing is, to say the least, ironic,” Harvard Law School environmental law professor Richard Lazarus said. May 16, 2019
In the Media A Broader View Of The US Supreme Court Bar In 2004, professor Richard Lazarus, then director of the Supreme Court Institute at Georgetown University Law Center, published a law review article discussing “the emergence of a new elite Supreme Court [b]ar and the resulting transformation of the [c]ourt, its plenary docket, and its rulings.” April 29, 2019
In the Media Fate Of Trump Energy Agenda Hazy Despite Shutdown’s End Joseph Goffman, who worked with the Obama-era EPA and is another 2013 shutdown veteran, said it’s a coin flip whether the latest shutdown was long enough to push back finalization of major rules such as the CPP repeal and its replacement, the Affordable Clean Energy Rule, so that the inevitable legal challenges stretch past the 2020 elections. January 29, 2019
In the Media Dem Climate Bill Would Set 100% Renewable Energy Target While retail electricity sales are generally within the jurisdiction of states, Congress retains the authority to preempt state utility regulation, according to Ari Peskoe, who directs the electricity law initiative at Harvard Law School’s Environmental and Energy Law Program. January 10, 2019
In the Media McNamee Confirmed For FERC Slot Amid Climate Controversy The Harvard Electricity Law Initiative, an independent policy organization within Harvard Law School’s Energy and Environmental Program, promptly filed a brief with FERC following McNamee’s confirmation arguing that he must immediately recuse himself from considering a rehearing request of FERC’s denial of the notice of proposed rulemaking as well as the grid resilience process. December 11, 2018