In the News

The fate of 11,000 American lives each year may hinge on whether the Supreme Court Justices understand that fractions can’t be calculated without knowing the denominator.

But even if his claims don’t help Peabody in federal court, they are undoubtedly useful in the court of public opinion, where sentiment can be swayed by legal arguments, however weak, from a scholar of Professor Tribe’s reputation.

Richard Revesz, director of the Institute for Policy Integrity at New York University School of Law, assesses the arguments presented and questioning by the justices.

“This is one of the most significant environmental rules in our history,” says Richard Revesz, director of the Institute for Policy Integrity at New York University School of Law. “However you look at it, there are going to be winners and losers.”

One of the most prominent defenders of the administration’s position is Richard Revesz, the director of the Institute for Policy Integrity at New York University law school.

Harvard Law professor Laurence Tribe and New York University Law professor Richard Revesz traded rhetorical blows over the legality of the U.S. EPA’s proposed carbon dioxide rule before a congressional panel on March 17.

When there are two conflicting amendments, Revesz said statutes trump U.S. code unless the code itself was adopted as legislation, which didn’t happen in this case. Revesz said it’s up to the EPA to then interpret the rule.

Richard Revesz, director of the Institute for Policy Integrity at the New York University School of Law, told the subcommittee that the EPA’s proposal falls squarely within its Clean Air Act authority, citing three U.S. Supreme Court decisions upholding the EPA’s authority to regulate greenhouse gases under the act. “The Supreme Court has not stood in the way of this kind of regulation,” he said.

But despite the result, CES’ counsel Michael Livermore told Law360 that the court left the door open to future challenges on one of its major arguments: that Interior should use a quantitative rather than qualitative approach to assess the informational or option value of delaying leasing.

Michael Livermore, a senior advisor with the Institute for Policy Integrity, agreed that the NERA report overestimates compliance costs by making “unrealistic” assumptions, including the assumption that shutting down coal-fired power plants would be needed to meet a revised ozone standard.