Jaffe’s statement well describes one of the signature accomplishments of modern environmental law in the United States: the use of citizen suits to guard against any shortfalls in the work of administrative agencies charged with administering the nation’s environmental protection laws.
Ok, but you did ask a great question, which deserves a direct answer. He and a then-brand new junior faculty member named Larry Tribe co-authored in 1971 one of the first environmental law casebooks in the country. What almost no one remembers is that Jaffe could be fairly described as Harvard Law School’s first environmental law professor. Lazarus: I love this question because too many people have forgotten the enormous contributions Jaffe made to administrative law in the 1950s, 1960s and early 1970s. Has the law evolved in the way Jaffe suggested it might? Jaffe wrote in a Buffalo Law Review article: “There is beginning to evolve a type of general legislation which would do two things: (a) establish the competence of citizens to bring original judicial actions as well as participate in the administrative process, and (b) establish a kind of judicial jurisdiction in which the court could itself adjudicate or could call on the appropriate administrative bodies to participate.” Question: A half-century ago, Professor Louis L. Ever since I served in the solicitor general’s office and became immersed in Supreme Court advocacy, I have been looking for the right case that would allow me to tell a story that would highlight for the general public what makes Supreme Court advocacy, both by the advocates who argue before the court and by the justices seeking to persuade their colleagues, so fascinating and important. Unlike any of my prior writings, the book is intended for a popular audience: people intrigued by how the Supreme Court decides cases as well as people who care deeply about the climate issue. It begins with a single public interest attorney working for a shoestring organization and ends with the most significant environmental case ever decided by the U.S. Lazarus: The primary arc of the book covers about a decade. Question: How would you describe the arc of your book, and who is the main intended audience?
(Interested readers can also listen to your discussion of the book on a recent episode of the CleanLaw podcast.) And congratulations on the publication of your latest book. Welcome, Richard, and thank you for taking the time to participate in this question-and-answer for our readers. Lazarus was also the founding director of Georgetown Law’s Supreme Court Institute and has argued 14 cases in the Supreme Court. He was also the principal author of “ Deep Water - The Gulf Oil Disaster and the Future of Offshore Drilling” (GPO 2011), 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.
His previous works include “ The Making of Environmental Law” (2004) and “ Environmental Law Stories” (co-edited). 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.
#RICHARD LAZARUS SERIES#
The following is a series of questions posed by Ronald Collins to Richard Lazarus in connection with Lazarus’ new book, “ The Rule of Five: Making Climate History at the Supreme Court” (The Belknap Press of Harvard University Press, 2020).
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