Join us.

We’re working to create a just society and preserve a healthy environment for future generations. Donate today to help.

Donate

Blog

Showing 301 results

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 18, 2020

Presidential Power in a Pandemic

Now that President Trump has belatedly declared a national emergency, what powers does he have to respond to the coronavirus pandemic? There has been a lot of talk about this on the Internet, some of it off-base. It's important to get the law straight. For instance, there's been talk about whether Trump should impose a national curfew, but I haven't been able to find any legal authority for doing that so far. The legal discussion of this issue is still at an early stage, but here are some of the major sources of power and how they might play out.

Daniel Farber | February 18, 2020

Lessons of the Little Ice Age

The Little Ice Age wasn't actually an ice age, but it was a period of markedly colder temperatures that began in the 1200s and lasted into the mid-1800s, with the 1600s a particular low point. It was a time when London winter fairs were regularly held on the middle of a frozen Thames river, glaciers grew, and sea ice expanded. That episode of climate disruption may give us some insights into how current global warming may impact society.

Daniel Farber | January 13, 2020

Misunderstanding the Law of Causation

Last week's NEPA proposal bars agencies from considering many of the harms their actions will produce, such as climate change. These restrictions profoundly misunderstand the nature of environmental problems and are based on the flimsiest of legal foundations.

Daniel Farber | January 10, 2020

Pride Goeth Before a Fall

The White House just released its proposed revisions to the rules about environmental impact statements. The White House Council on Environmental Quality (CEQ) simply does not have the kind of power that it is trying to arrogate to itself. Its proposal is marked by hubris about the government's ability to control how the courts apply the law.

Daniel Farber | January 6, 2020

A Continent on Fire Ignores Climate Change

Australia is remarkably exposed to climate change and remarkably unwilling to do much about it. Conditions keep getting worse. Yet climate policy in Australia has been treading water or backpedaling for years.

Daniel Farber | December 23, 2019

The Decade in Review: Like many humans, the Twenty-First Century’s teenage years were stormy

Like many humans, the Twenty-First Century’s teenage years were stormy.

Daniel Farber | December 9, 2019

2019 in Renewable Energy

Originally published on Legal Planet. Reprinted with permission. Despite the efforts of the Trump administration, renewable energy has continued to thrive. Key states are imposing rigorous deadlines for reducing power generation from fossil fuels. Economic trends are also supporting renewables. In the first half of 2019, Texas produced more power from renewables than coal. Texas may […]

Daniel Farber | November 25, 2019

Low-Hanging Fruit

Originally published on Legal Planet. Reprinted with permission. The idea of low-hanging fruit is ubiquitous in environmental policy – sometimes in the form of a simple metaphor, other times expressed in more sophisticated terms as an assumption of rising marginal costs of pollution reduction. It's an arresting metaphor, and one that can often be illuminating. But […]

Daniel Farber | October 28, 2019

A Dozen Strategies for the Struggle With Big Oil

Originally published on Legal Planet. Reposted by permission. The oil industry is enormous – something like 2 to 3 percent of global GDP. Individuals firms like ExxonMobil earn tens of billions of dollars each quarter. Controlling climate change will mean drastic curtailment in the coming decades of the industry’s major products. There’s no way that the […]