Showing 66 results
Daniel Farber | January 9, 2026
In 2025, President Donald Trump rolled out new initiatives at a dizzying rate. That story, in one form or another, dominated the news. This year, much of the news will again be about Trump, but he will have less control of the narrative. Legal and political responses to Trump will play a greater role, as will economic developments. Trump’s anti-environmental crusade may run into strong headwinds.
Daniel Farber | December 11, 2025
A recent U.S. Office of Management and Budget (OMB) memo proclaimed the Trump administration’s commitment to “deregulating at an unprecedented scale.” To advance that agenda, the memo tells agencies to put a thumb on the scale in favor of rollbacks. In contrast, most lawyers and economists would say that regulation and deregulation are subject to the same rules. Sometimes, the conventional wisdom is right.
Daniel Farber | November 13, 2025
Although Congress vetoed California’s most recent vehicle regulations, the state can pass new regulations so long as there are significant differences from the ones Congress overturned. The Trump administration has been arguing all along that California lacks the power to regulate greenhouse gases from vehicles. Those regulations are a crucial part of the state’s climate policy. Sooner or later, courts will need to decide the extent of California’s legal authority over vehicle emissions. The issues are complex, involving an unusual statutory scheme. Here’s what you need to know, and why I think California should win this fight.
Daniel Farber | August 21, 2025
Not that long ago, conservatives demanded that the government balance costs and benefits. They still do, but with a twist: They demand special limits on consideration of environmental effects. But that makes no sense. Whatever rules we have about costs should apply to all types of costs, and the same with benefits. The result of skewing the analysis is, not surprisingly, that we get conservative results more often.
James Goodwin | August 12, 2025
For conservatives and many political centrists, there was a clear villain to blame for congressional dysfunction: Chevron deference. Repealing this legal doctrine — which generally called on federal courts to defer to agency interpretations of ambiguous statutory provisions they are charged with implementing — would inaugurate a new Golden Age of Article I primacy and productivity, they claimed.
Daniel Farber | July 29, 2025
If a tree falls in the forest but no one hears it, does it still make a sound? If a law hasn’t been formally repealed but can be violated with complete impunity, is it still in effect? I’ll leave the first question to philosophers, but the second one could have major legal implications. Here’s why.
Daniel Farber | July 21, 2025
President Donald Trump is on a rampage. He has big plans for a mass repeal of existing regulations, he’s trying to use emergency declarations to short-circuit normal environmental protections, and he’s savaging environmental agencies. He’s also at war with the rule of law, dodging court orders, ignoring statutes, and punishing lawyers and law firms that have dared to challenge him. In area after area, Trump has tried to sweep aside legal constraints. Part of the point of Trump’s “shock and awe” campaign has been to overwhelm the ability of opponents and the courts to keep up with his legally questionable actions. Trump’s attack on the bureaucracy is also an attack on the rule of law because one of the key functions of bureaucrats is to ensure that the government follows the rules.
Daniel Farber | July 8, 2025
In one of President Donald Trump’s first executive orders, he eliminated a centralized system that Jimmy Carter initially set up to issue regulations governing environmental impact statements. Instead, he called on each agency to issue its own regulations, which seems to have caused the predictable amount of confusion. I’ve examined the new regulations from three agencies: the Department of Defense (DOD), the Department of Energy (DOE), and the Department of Transportation (DOT), which happened to be the first ones that I saw. There seems to be little rhyme or reason in the variations.
Minor Sinclair | June 18, 2025
Five years ago, our board of directors instituted term limits for its members. This was a major decision for a 22-year-old organization that relied on the ongoing commitment of its five founders, all professors of law. Board members have stepped down while others have joined, and the process of renewal and transition has been healthy for the organization. In this context, we’re thrilled to announce the election of four new members to our growing board of directors — two Member Scholars and two independent members. Through each of their commitments to justice, solidarity, and democracy, they embody the deepest values of our organization.