Environmental Law

Laurence Tribe's legal work for coal company has environmentalists fuming

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Harvard constitutional law professor Laurence Tribe is known for his support of liberal causes, but he’s infuriating environmentalists and liberals for his attack on proposed greenhouse gas standards designed to fight climate change.

Tribe represents coal company Peabody Energy Corp. in a fight against an Environmental Protection Agency regulation that he deems a “breathtaking example” of regulatory “overreach,” report E&E Publishing and the New York Times. The regulation would reduce carbon dioxide emissions by power plants that use coal.

It’s not the first time that Tribe took the side of energy in a fight against pollution regulations, according to E&E Publishing. He has fought other clean air provisions and has claimed a key provision of the Superfund law is unconstitutional.

Tribe argues that the emissions regulation violates the Tenth Amendment by interfering with state authority over electricity regulation; amounts to a taking of property without just compensation; and is an exercise of authority not authorized by Congress.

Tribe told the Times his arguments on behalf of Peabody Energy reflect his own views. “I’m not for sale,” he said. “I’ll say what I believe.”

Hat tip to How Appealing.

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