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Monday, March 23, 2015

Obama's Law Prof Helps Make GOP's Case Against EPA Regs

One of President Barack Obama's liberal Harvard Law School professors is providing ammunition for the Republican argument against Obama's climate change proposals.

When Senate Majority Leader Mitch McConnell sent out his "just say no" letter to all the governors across the country he cited constitutional law scholar Laurence Tribe as part of his argument.

Tribe had written a legal brief for the Peabody Energy Corporation in December 2014 in which he argued that the EPA's Clean Power Plan violates the Constitution.

The goal of the proposal that was unveiled in June 2014 is designed to cut carbon emissions from power plants down to 2005 levels by 2030.

Specifically, he said that the proposal violated the Fifth Amendment, the Tenth Amendment and the Clean Air Act.

"The defects in the Proposed Rule transcend political affiliations and policy positions and cut across partisan lines," Tribe wrote.

"The central principle at stake is the rule of law – the basic premise that EPA must comply with fundamental statutory and constitutional requirements in carrying out its mission," he explained.

Tribe also testified before the House Energy and Power Subcommittee on Tuesday in which he said that Obama is "burning the Constitution" with the proposed EPA rules as he tries to fight global warming.

"You know, I've cared about the environment ever since I was a kid. And you know, I taught the first environmental course in this country, and I've won major victories for environmental causes. But I'm committed to doing it within the law," Tribe said at the hearing.

"Burning the Constitution should not become part of our national energy policy," he added.

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