Twenty-five years used to seem like an exceedingly long time. 17, 106 (1996) (transcript of prepared remarks and question/answer session by Michael Greve, Richard Lazarus, Roger Marzulla, & Christopher Stone at Federalist Society Meeting on Federalism and Judicial Mandates panel discussion). 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 Supreme Court has decided seventeen cases arising under the National Environmental Policy Act (NEPA) and the government has not only won every case, but won almost all of them unanimously. He graduated from Harvard Law School in 1979 and he has a B.S. Not all losses are created equal. Dr. Benjamin Chavis's characterization of U.S. environmental policy as "environmental racism." 1563 Massachusetts Avenue Treasures collected from around the world, for the world. 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. Second, the NEPA cases underscore the difference that skilled advocacy makes on either side of the lectern-by the advocates before the Court and by the Justices during the Court's own internal deliberations. Special Events. Accepting that award at Class Day, Lazarus turned his appreciation back to the graduating HLS students. from Harvard Law School (1979). Climate Litigation Has at Least for Now Dodged a Possibly Fatal Blow, Kavanaugh's Ascent Is Enormously Significant for Environmental Law, The Prospect for Boring Times Is Becoming Increasingly Attractive, Kennedy's Mark on Environmental Law Is Incalculable and Profound, William O. Douglas' Former Clerk Sitting on Key Climate Change Case, District Court to Decide Whether Antiquities Designations Are Final, Will 2018 Be the Year of the Bird? A close review of the cases, including the advocacy before the Court in each case, and the deliberations within the Court during its decision-making process, reveals instead a far more nuanced and less one-sided understanding of the rulings, and underscores the significance of effective advocacy both before the Court by arguing counsel and within the Court by the Justices themselves. Editor’s note: This article first appeared in the Spring 2008 issue of Insights on Law & Society. 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. May Courts Review Congressional Review Act Compliance by Agencies? The first is Congress and the politics of environmental law. Binary analysis that treats Supreme Court rulings as either "wins" or "losses" misapprehends the nature of judicial rulings and the essential role served by legal reasoning. Latest information from Harvard Law School’s news publications and multimedia channels. Where theory meets practice: curricular depth and experiential learning. The paucity of published scholarship stands in sharp contrast to environmental law's remarkable and dramatic emergence during that same time period. By Alvin Powell/Harvard Staff Writer, March 1, 2016. Harvard Forward Unveils Second Overseer Slate. As counsel for the state in Massachusetts v. EPA learned, the exchange of fire over that small divide is highly penetrating and usually hostile. 11. Dedicated to excellence in teaching, scholarship, and interdisciplinary exploration. 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. The essay focuses on three topics in reflecting on the changes in environmental law and environmental lawmaking since the Association’s first meeting. And, finally, the essay considers the contrasting nature of the challenges that environmental lawyers and environmental law face today as compared to twenty-five years ago. 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. NEPA 's story before the Supreme Court is, therefore, not a happy one for NEPA enthusiasts, but the story is not nearly as dismal as routinely supposed. Featured. He was also the principal author of Deep Water - The Gulf Oil Disaster and the Future of Offshore Drilling (GPO 2011), which is the Report to the President of the National Commission on the BP Deepwater Horizon Oil Spill and Offshore Drilling Commission, for which he served as the Executive Director. Health & Medicine. 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. Robin Bravender, E&E News reporter . Los Angeles County Flood Control Dist. Tools Email; SMS This; Cite In The Making of Environmental Law, Richard J. Lazarus offers a new interpretation of the past three decades of this area of the law, examining the legal, political, cultural, and scientific factors that have shaped—and sometimes hindered—the creation of pollution controls and natural resource management laws. We see how accidents, infighting, luck, superb lawyering, and the arcane practices of the Supreme Court collided to produce a legal miracle. Havard Law Review 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 "moment" facing environmental law is the virtually unprecedented ascendancy of the Republican Party in all three branches of the federal government. Too Soon to Tell, Joseph P. Murr, et al., v. State of Wisconsin and St. Croix County. 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. The Rule of Five tells the story of their unexpected triumph. 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. 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. Richard Lazarus. (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! 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. In The Making of Environmental Law, Richard J. Lazarus offers a new interpretation of the past three decades of this area of the law, examining the legal, political, cultural, and scientific factors that have shaped--and sometimes hindered--the creation of pollution controls and … Professor Lazarus next discusses the details of this transformation, arguing that Rev. This selection mirrors the development of the field of environmental law, from the first, heady days of its creation to its current conflicts with other laws and values, including some embedded in the Constitution. The second topic concerns the courts and the changing relationship of constitutional law to environmental law. This unlikely group—they called themselves the Carbon Dioxide Warriors—challenged the Bush administration and took the EPA to court. special-events. Ranging widely in his analysis, Lazarus not only explains why modern environmental law emerged when it did and how it has evolved, but also points to the ambiguities in our current situation. in chemistry and a B.A. Consequently, the Court's rulings frequently included language that favored environmentalists in future He graduated from Harvard Law School in 1979 and has a B.S. Finally, the NEPA cases do suggest that there is an increasing risk that the Court's docket and rulings are being skewed in favor of commercial interests because of the disproportionate ability of those interests to retain expert Supreme Court advocates. The contrast between environmental law twenty-five years ago and environmental law today is remarkable and makes clear that environmental law and lawmaking were changing in fundamental ways a generation ago, but those changes are revealed only now with the aid of hindsight. This team is also responsible for reviewing … International, Foreign & Comparative Law (1). When the Supreme Court announced its ruling in Massachusetts v. EPA, the decision was immediately hailed as a landmark. 11.18.20. He has represented the government and environmental groups in forty Supreme Court … He offers examples of various environmental programs and social and political effects traceable to Chavis's environmental racism comment. 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. This article explores a series of hypotheses regarding environmental law scholarship based on an empirical review. Back to "Business" at the Supreme Court: The "Administrative Side" of Chief Justice Roberts, Senator Edmund Muskie's Enduring Legacy in the Courts, The Opinion Assignment Power, Justice Scalia's Unbecoming, and UARG's Unanticipated Cloud Over the Clean Air Act, In Covering the Judiciary, I Most Recall Some Truly Great Lawyers, Two Cases Counter Trend of Less Importance to Environmental Law, Analytics Reveal Key Trends and Themes in Environmental Litigation, EPA Loses in Court Again – but Outcome Didn't Follow the Script. Legal scholarship are environmental and natural resources law, with particular emphasis on law! ] or the sake of our children and our… Commentary by Richard J. 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