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Daniel Farber

Sho Sato Professor of Law

Daniel A. Farber is the Sho Sato Professor of Law and Director of the California Center for Law, Energy and the Environment at the University of California, Berkeley School of Law.

Daniel Farber | March 2, 2021

Recalculating the Cost of Climate Change

"The social cost of carbon" isn't exactly a household phrase. It's an estimate of the harm caused by emitting a ton of carbon dioxide over the many decades it remains in the atmosphere. That's an important factor in calculating the costs and benefits of climate regulations. For an arcane concept, it has certainly caused a lot of controversy. The Obama administration came up with a set of estimates, which Trump then slashed by 90 percent. In an early executive order, Biden created a task force to revisit the issue. Last week, the task force issued its first report. It's an impressive effort given that Biden is barely a month into his presidency. The document provides a clear overview of the ways in which climate science and climate economics have advanced since the Obama estimates and makes the case for rejecting the Trump administration's revisions. At least one federal court has already rejected those revisions, as well.

Daniel Farber | February 26, 2021

Three Ways of Dodging Responsibility

In the wake of the Texas blackouts, we're seeing a number of familiar moves to deflect blame by the usual suspects -- politicians, regulators, and CEOs. These evasive tactics all begin with a core truth: Eliminating all risk is impossible and would be too expensive even if it weren't. But then they spin that truth in various ways. The result is to obscure responsibility for the disaster and the steps that should be taken going forward.

Daniel Farber | February 1, 2021

The Climate Change Lawsuits Against Big Oil, Explained

Big Tobacco’s Master Settlement Agreement in 1998 was the largest civil settlement in the nation’s history and a transformative moment in the industry’s control. The accord reached by 46 states, five United States territories, and the District of Columbia required tobacco manufacturers to pay the states billions of dollars annually in compensation for the public health crisis their products had created. Today, an even bigger crisis looms, with increasing demands for accountability. Over a dozen federal cases have now been filed against oil companies, seeking damages for their role in causing climate change. With one exception, the cases have been brought by states or local governments that claim they and their citizens are suffering harm from climate change. The oil companies have made it clear that they will fight every inch of the way, with all of their considerable resources, against these lawsuits.

Daniel Farber | January 25, 2021

The Controversial Congressional Review Act

The Trump administration dedicated itself to deregulation with unprecedented fervor. It rolled back scores of regulations across government agencies, including more than 80 environmental rules. The Biden administration can reverse some of those actions quickly -- for instance, as president, Joe Biden can undo Donald Trump’s executive orders with a stroke of the pen. Undoing most regulatory rollbacks, however, will require a review process that can take years, often followed by further delays during litigation. There is an alternative, but it comes with risks.

Daniel Farber | January 19, 2021

Rethinking Presidential Administration

Conservatives love to complain about faceless bureaucrats, but blaming bureaucrats for regulations is hopelessly out of date. When Elena Kagan was a professor, she wrote an article called “Presidential Administration.” The article applauded her former boss Bill Clinton for seizing greater control of the regulatory process, away from agencies. That trend has accelerated to the point where the White House controls even the fine details of regulation.

Daniel Farber | January 13, 2021

Next Steps to Save the Global Environment

Donald Trump's hostility domestic environmental regulation is notorious. He also stalled or backpedaled on the international front. Here are seven steps that President Biden could take to remedy the situation.

Daniel Farber | December 15, 2020

Restoring Agency Norms

Donald Trump prided himself on his contempt for established norms of presidential action. Whole books have been written about how to restore those norms. Something similar also happened deeper down in the government, out in the agencies like the U.S. Environmental Protection Agency (EPA) that do the actual work of governance. Trump appointees have corrupted agencies and trashed the norms that support agency integrity. It will take hard work to undo the harm. White House leadership is important, but success will require dedicated effort by the agency heads appointed by Biden.

Daniel Farber | December 11, 2020

Downstream Emissions

A recent Ninth Circuit ruling overturned approval of offshore drilling in the Arctic. The ruling may directly impact the Trump administration's plans for oil leasing in the Arctic National Wildlife Refuge (ANWR). By requiring agencies to consider emissions when fossil fuels are ultimately burned, the Court of Appeals' decision may also change the way agencies consider other fossil fuel projects, such as gas pipelines.

Daniel Farber | November 20, 2020

‘Whole of Government’ Climate Policy

It's clear that EPA has a central role to play in climate policy, but EPA does not stand alone. Other agencies also have important roles to play. Fortunately, the Biden transition team seems to have come to this realization.