Richard James Lazarus Georgetown University Law Center Abstract: Environmental law, environmental policy, history, natural resources, government, admininstrative law, political science. 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. 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 … 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. ” —Elizabeth Kolbert, author of The Sixth Extinction “ The Rule of Five is a compelling read on a critical and timely topic. The Public Interest Bar Loses a True Giant in Citizen Jurisprudence. As the field of environmental law "grays" with middle age, Lazarus's discussions of its history, the lessons learned from past legal reforms, and the challenges facing future lawmakers are both timely and invigorating. Otherwise, the nation’s tragic failure not only to enact laws that anticipate the obvious risks presented to the Gulf Region by hurricanes, but perversely to increase those risks by destroying the ecosystem’s natural protections, will inevitably be repeated with even more devastating results. in chemistry and a B.A. Richard Lazarus. Richard J. Lazarus is the Howard J. and Katherine W. Aibel Professor of Law at the Harvard Law School, Lazarus was previously the Justice William J. Brennan, Jr. 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. Consequently, the Court's rulings frequently included language that favored environmentalists in future Unrivaled access to opportunities and support for career goals. The purpose of this Essay is to propose and discuss the possibility that the nation currently faces another, albeit very different, "republican moment" that may well test the future of environmental protection laws in the United States. What commences as a seemingly quantitative undertaking ultimately becomes a more qualitative assessment of legal education and what may be too often missing in current environmental legal scholarship. Instead, when Congress does exercise its lawmaking authorities to influence environmental protection policy, it does so primarily through the appropriations process: the sphere of its responsibility that, ironically, has proven to be the least conducive to the kind of deliberative democracy that justifies legislative supremacy in environmental lawmaking. 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. And the better advocates before and within the Court are exceedingly effective at shaping that reasoning. Environmental Law Stories feature characters as diverse as community activists, small farmers, big businesses, dedicated scientists, skilled lawyers, strong-willed judges, and Presidents of the United States. 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. Health & Medicine. Some "losses" are the product of concessions made by the prevailing party that amount to significant wins by the purported losing party. The Court grants the petitions filed by the expert members of the bar at a significantly higher rate and they also prevail on the merits more frequently. in economics from the University of Illinois. Not all losses are created equal. Los Angeles County Flood Control Dist. 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. If So, Not Necessarily a Good One, Justice Gorsuch Faces Case Where Neither Choice Entirely Satisfactory, The Dignity of the States Is Being Lost in Environmental Litigation, A Big Blow Against the "Regulatory Takings" Economic Loss Argument. 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