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Showing 277 results

Daniel Farber

Sho Sato Professor of Law

Daniel Farber | March 29, 2019

Trump on the Environment: A Study in Falsehood

Originally published on Legal Planet. The Washington Post has a list of false statements by Trump, which turns out to be searchable by topic. They've found, "In the first eight months of his presidency, President Trump made 1,137 false or misleading claims, an average of five a day." As of March 17, he was up […]

Daniel Farber | March 21, 2019

EPA’s Mission: The Original Understanding Wasn’t Cutting Regulatory Costs

Originally published on Legal Planet. What is EPA’s mission? To what extent is minimizing regulatory costs part of the core mission, as the Trump Administration seems to believe? Does the Trump-Pruitt/Wheeler view comport with original intent? History makes it clear that the answer is “no.” The title of the agency itself suggests that the core mission […]

Daniel Farber | March 14, 2019

Declaring a Climate Change Emergency: A Citizen’s Guide

Originally published on Legal Planet. The possibility of declaring a national emergency to address climate change will probably remain under discussion for the next couple of years, particularly if the courts uphold Trump's "wall" emergency. For that reason, I thought it might be helpful to pull together the series of blog posts I've written on the […]

Daniel Farber | March 13, 2019

Why Is Trump Getting the Cold Shoulder from the Car Companies?

Originally published on Legal Planet. Usually, you'd expect a regulated industry to applaud an effort to lighten its regulatory burdens. So you would think that the car industry would support Trump's effort to roll back fuel efficiency standards for new vehicles and take away California's authority to set its own vehicle standards. But that effort is […]

Daniel Farber | March 4, 2019

The Potential Benefits of Declaring a Climate Emergency

Originally published on Legal Planet. I have a confession: When I started thinking about the possibility of a climate emergency declaration, it was mostly as a counterpoint to Trump's possible (now certain) declaration of an immigration emergency. As I've thought about it, however, it seems to me that there are enough potential benefits to make the […]

Daniel Farber | February 18, 2019

National Security, Climate Change, and Emergency Declarations

Originally published on Legal Planet. Trump finally pulled the trigger and declared a national emergency so he can build his wall. But if illegal border crossings are a national emergency, then there's a strong case for viewing climate change in similar terms. That point has been made by observers ranging from Marco Rubio to Legal Planet's […]

Daniel Farber | February 7, 2019

Does the Future Have Standing?

Originally published on Legal Planet. Climate change is not just a long-range problem; it's one that will get much worse in the future unless major emissions cuts are made. For instance, sea levels will continue to rise for centuries. But the people who will be harmed by these changes can't go to court: they haven't […]

Daniel Farber | January 31, 2019

Flipping the Conservative Agenda

Originally published on Legal Planet. Conservatives, with full support from Donald Trump, have come up with a menu of ways to weaken the regulatory state. In honor of National Backward Day – that's an actual thing, in case you're wondering, and it's today – let's think about reversing those ideas. In other words, let's try […]

Daniel Farber | January 24, 2019

The Worst of a Bad Lot

Originally published on Legal Planet. The Trump administration has many energy and environmental initiatives, none of them good. But in terms of shoddy analysis and tenuous evidence, the worst is the administration's attempt to freeze fuel efficiency standards. For sheer lack of professionalism, the administration's cost-benefit analysis is hard to match. And you can't even […]