“I completely underestimated how much, among other things, the sort of wicked dimensions of climate change were going to cause upheaval and ultimately disaster as time is of the essence and we are just screwing up every which way,” Professor Richard Lazarus says looking back on his first edition of “The Making of Environmental Law.” After two decades of dynamic environmental policymaking and legal precedents, Harvard Law Professor Lazarus explores environmental law developments in his latest edition.
In Lazarus’ latest edition of, “The Making of Environmental Law,” he delves into a multidimensional analysis of environmental law, offering insight and guidance for those interested in leveraging legal mechanisms to advocate for the environment.
The first section identifies the issues at the heart of environmental challenges including climate change, biodiversity loss, pollution, and more. By tying these issues together, Lazarus reveals the underlying “wickedness” of climate change. This is crucial to understand what follows in Lazarus’ book because, well, environmental law is complicated.
Understanding the complexity of environmental law begins with acknowledging its history. Lazarus provides a detailed timeline of environmental law in the United States, explaining landmark rulings and pivotal moments. According to Lazarus, the field of environmental law emerged through three pivotal moments in 1970: the National Environmental Policy Act (NEPA), the creation of the Environmental Protection Agency (EPA), and the Clean Air Act.
President Richard Nixon Signs the Clean Air Act of 1970. [Credit: White House Photo Office.]
The advancements of environmental law that emerged in the 80s and 90s stand in stark contrast with the laws of the past two decades.
Environmental law in the past two decades has been erratic. In President Obama’s first two years in office, the administration made significant environmental legal strides. In 2010, however, partisan gridlock made long lasting progress difficult. President Obama was still able to join the Paris Climate Accords and reject the Keystone XL Pipeline. Then in 2016, President Trump cut back almost every major environmental initiative of the Obama administration. The Trump administration did not stop there, though. Even former Republican-led legislation faced cutbacks.
President Trump’s legacy did not end with his loss in 2020. During his Administration, President Trump was able to place three Justices on the Supreme Court and many more in other federal courts. With Justice Gorsuch, Kavanaugh, and Barrett all on the Supreme Court, legal precedent for environmental protection is in danger.
Lazarus makes it clear to the reader that President Trump’s administration has been the greatest challenge to US environmental law since the 1970s.
Additionally, Lazarus delves into the views of activists, lobbyists, judges, and corporations. Environmental activists held divided opinions when environmental justice efforts were first introduced. Lazarus cites the divisions between elite and grassroots environmentalists.
In this context, Lazarus also informs activists about corporations’ about the competing views each group holds. By utilizing environmental economics, the reader is able to understand the incentives for corporations just as the reader can understand the views of activists.
Lazarus also details how ordinary citizens and organizations can effect change. Ways to impact legal change can range from environmental scorecards developed by the League of Conservation Voters all the way to Indigenous communities advocating for sovereign environmental regulatory authority.
Without varying perspectives, this book would have fallen short of truly assessing the development of environmental law. Lazarus’ ability to articulate the story of environmental law while lending every actor a seat in history adds richness to the narrative and a nuanced understanding of the complexities involved in legal discourse around environmental issues.
Climate Activists Attending an Our Generation, Our Choice Protest in 2015. [Credit: Johnny Silvercloud]
Lazarus provides a roadmap for how to navigate the complex labyrinth of environmental law, from engaging with policymakers to grassroots activists. Rather than leaving the reader with feelings of despair in the wake of climate change, Lazarus offers practical advice for those looking to use the law as a positive force for environmental change.
With Richard Lazarus’ knowledge and expertise, the Second Edition of “The Making of Environmental Law” is a must-read for anyone passionate about environmental issues and eager to understand how the law can be a powerful tool for change. Comprehensive, enlightening, and inspiring, this book is more than just an academic resource; it is a guidebook for action.
‘The Making of Environmental Law’, Second Edition. By Richard Lazarus. The University of Chicago Press, 2022. Paperback: 440 pages.