Special Events. 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. Indeed, in some instances, the NEPA plaintiffs won more than they lost. 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. Editor’s note: This article first appeared in the Spring 2008 issue of Insights on Law & Society. He has published two books, The Making of Environmental Law (U. Chicago 2004), and Environmental Law Stories (Aspen Press, co-edited with O. Houck 2005). 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… in chemistry and a B.A. Health Pregnant women with COVID-19 don’t pass virus to newborns Study provides insights that could improve care and inform vaccine timing . Environmental Regulation and Government by Judiciary, 28 Ariz. St. L.J. 11. Richard Lazarus is the Howard J. and Katherine W. Aibel Professor of Law at Harvard Law School, where he teaches Environmental Law, Natural Resources Law, Supreme Court Advocacy, and Torts. 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. To the extent, moreover, that NEPA precedent has been less rather than more favorable to NEPA plaintiffs, much of this is best explained by the Solicitor General's comparative strategic and expertise advantage before the Court and Chief Justice Rehnquist's heightened skills on the bench compared to those, like Justice William Douglas, who were more sympathetic to NEPA's mandate. 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. And opinions that end by reversing favorable lower court judgments may nonetheless include language highly favorable to environmental plaintiffs in future litigation. 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. 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. Tools Email; SMS This; Cite But could something as ordinary as carbon dioxide really be considered a harmful pollutant? We see how accidents, infighting, luck, superb lawyering, and the arcane practices of the Supreme Court collided to produce a legal miracle. He graduated from Harvard Law School in 1979 and has a B.S. in economics from the University of Illinois, where he focused on environmental issues. 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. A generation ago, environmental law scholars would routinely comment on how the only constant in environmental law was change: its dynamic nature. 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. And yet, it is that static quality that ironically underscores how much has changed. 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." 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. From law School section, Richard Lazarus reveals the personal dynamics of the Court rulings... 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