Laurence Tribe Fights Climate Case Against Star Pupil From Harvard, President Obama

Laurence H. Tribe, the highly regarded liberal scholar of constitutional law, still speaks of President Obama as a proud teacher would of a star student. “He was one of the most amazing research assistants I’ve ever had,” Mr. Tribe said in a recent interview. Mr. Obama worked for him at Harvard Law School, where Mr. Tribe has taught for four decades. Mr. Tribe went on to serve in the Justice Department during Mr. Obama’s first term and has argued in favor of the legal standing of Mr. Obama’s signature health care law and executive orders on immigration. Which is why so many in the Obama administration and at Harvard are bewildered and angry that Mr. Tribe, who argued on behalf of Al Gore in the 2000 Bush v. Gore Supreme Court case, has emerged as the leading legal opponent of Mr. Obama’s ambitious efforts to fight global warming. Mr. Tribe, 73, has been retained to represent Peabody Energy, the nation’s largest coal company, in its legal quest to block an Environmental Protection Agency regulation that would cut carbon dioxide emissions from the nation’s coal-fired power plants — the heart of Mr. Obama’s climate change agenda. Next week Mr. Tribe is to deliver oral arguments for Peabody in the first federal court case about Mr. Obama’s climate change rules. Mr. Tribe argues in a brief for the case that in requiring states to cut carbon emissions, thus to change their energy supply from fossil fuels to renewable sources, the E.P.A. is asserting executive power far beyond its lawful authority under the Clean Air Act. At a House hearing last month, Mr. Tribe likened the climate change policies of Mr. Obama to “burning the Constitution.” To Republicans who oppose Mr. Obama’s climate change agenda, Mr. Tribe is a celebrated convert. “When I saw the brief, I thought, this is dazzling,” said Michael McKenna, a Washington energy lobbyist. “And the fact that it was written by a guy on the other side made it even better.”...more