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4/10/2015 9:48 am  #1


Obama Harvard Law Professor Tribe Calls Key EPA Rule ‘Overreach’

Obama Harvard Law Professor Tribe Calls Key EPA Rule ‘Overreach’
Get the full story here:
http://www.bloomberg.com/news/articles/2014-12-05/obama-harvard-law-professor-tribe-calls-key-epa-rule-overreach-
Dec. 5 (Bloomberg) -- Harvard University law professor Laurence Tribe, a mentor to President Barack Obama, said the administration’s carbon rule for power plants is “a remarkable example of executive overreach” that raises “serious constitutional questions.”Tribe, who submitted joint comments to the Environmental Protection Agency with coal producer Peabody Energy Corp., said the agency should withdraw its plan to cut emissions from power plants because it reverses decades of federal support for coal.“The Proposed Rule lacks any legal basis and should be withdrawn,” Tribe and Peabody wrote in their filing, which law firms for the company said was submitted to EPA on the Dec. 1 deadline. Peabody, the nation’s largest coal producer, has declined more than 44 percent in trading since the EPA plan was unveiled at the beginning of June.Calls and e-mail messages left with Tribe’s assistant at Harvard weren’t immediately returned. Lawyers at two law firms listed on the filing confirmed that Tribe’s comments were genuine.The EPA’s plan is the centerpiece of Obama’s effort to combat global warming. The proposal would require a 30 percent cut in carbon emissions by 2030 from 2005 levels. The plan is designed to replace coal as the chief source for electricity generation with natural gas, renewable power and efficiency.


 “We hold these truths to be self-evident,”  former vice president Biden said during a campaign event in Texas on Monday. "All men and women created by — you know, you know, the thing.”

 
 

4/10/2015 10:10 am  #2


Re: Obama Harvard Law Professor Tribe Calls Key EPA Rule ‘Overreach’

I am personally more interested in decreasing emissions of pollutants than I am in wrangling over legal terms.


We live in a time in which decent and otherwise sensible people are surrendering too easily to the hectoring of morons or extremists. 
 

4/10/2015 11:57 am  #3


Re: Obama Harvard Law Professor Tribe Calls Key EPA Rule ‘Overreach’

Laurence Tribe is currently working as legal counsel for coal industry giant Peabody Energy and as such what position did you expect him to take ?! ? He is just doing his paid job for them. That is what lawyers do. 


 

Last edited by tennyson (4/10/2015 11:58 am)


"Do not confuse motion and progress, A rocking horse keeps moving but does not make any progress"
 
 

4/10/2015 2:51 pm  #4


Re: Obama Harvard Law Professor Tribe Calls Key EPA Rule ‘Overreach’

tennyson wrote:

Laurence Tribe is currently working as legal counsel for coal industry giant Peabody Energy and as such what position did you expect him to take ?! ? He is just doing his paid job for them. That is what lawyers do. 


 

Yea, but that doesn't have the dramatic flair of,,,,,,, drum roll,,,,, "Obama's Harvard law Professor says,",,,.

Here's a blurb from Wikipedia:


Tribe has represented industry clients in several notable environmental cases. In 2000, Tribe wrote an amicus brief on behalf of General Electric in Whitman v. American Trucking, in which he argued that the Clean Air Act's National Ambient Air Quality Standards program was unconstitutional under the nondelegation doctrine. The Supreme Court rejected this challenge by a vote of 9-0, with Justice Scalia writing the Court's opinion upholding the program.

Tribe represented General Electric in its defense against its liability under the Comprehensive Environmental Response, Compensation and Liability Act ("Superfund"), in which GE and Tribe unsuccessfully argued that the act unconstitutionally violated General Electric's due process rights.

In 2014, Tribe was retained to represent Peabody Energy, the nation's largest coal producer in a suit against the Environmental Protection Agency. Tribe argued that EPA's use of the Clean Air Act to implement its Clean Power Plan was unconstitutional. Tribe's legal analysis has been criticized by other legal commentators, including fellow Harvard Law School professors Richard J. Lazarus and Jodie Freeman (who described his conclusion as "wholly without merit"), as well as by Georgetown University Law Center professor Lisa Heinzerling, and current director of the American Law Institute and former dean of New York University School of Law Richard Revesz.

http://en.wikipedia.org/wiki/Laurence_Tribe


Holy cow, when you go down 9-0, with Scalia writing an opinion on the side of the Clean Air Act,,,,,,,,,,,
yikes!

 


We live in a time in which decent and otherwise sensible people are surrendering too easily to the hectoring of morons or extremists. 
 

4/10/2015 2:58 pm  #5


Re: Obama Harvard Law Professor Tribe Calls Key EPA Rule ‘Overreach’

You gotta wonder since he got smoked so badly by the Supreme Court arguing a case for GE that Peabody would even hire him.

 

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