December 8, 2014

Prominent Harvard University Professor And Obama White House Ally Joins Fight Against EPA Power Plant Rule

Late last week Bloomberg broke the news that Harvard University law Professor Laurence Tribe submitted comments with the Peabody Energy Corp. arguing against the Environmental Protection Agency’s (EPA) proposed emissions rules for existing power plants. Tribe – whom Bloomberg called “a mentor to President Barack Obama” – said the EPA’s draft was “a remarkable example of executive overreach” that raises “serious constitutional questions.” For example, Tribe argued the rule would violate the U.S. Constitution’s Fifth Amendment because it would take private property without due process. Tribe concluded the EPA should withdraw the rule. 

As a reminder, as part of the Partnership for a Better Energy Future MSCI also submitted comments opposing this rule. To get a copy of these comments, please email Jonathan Kalkwarf. MSCI also encourages its members to read this report from the Institute for Energy Research to learn more about which states could face power plant closures under this rule. In all, the EPA received more than 1.6 million comments on this rule.