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Showing 281 results

Daniel Farber

Sho Sato Professor of Law

Daniel Farber | May 3, 2010

The Odds of Failure

Cross posted from Legal Planet. A couple of key observations about the oil rig blowout, based on my work on disaster issues. First, “human error” is a cop-out when you’re dealing with major technology.  It’s not like human fallibility is a surprise.  Training, good management, and smart design should be the responses, not whining after […]

Daniel Farber | April 27, 2010

The Libertarian Case for Controlling Climate Change

Cross-posted from Legal Planet. Libertarians are, of course, deeply suspicious of government regulation. This may lead to a reflexive rejection of climate change mitigation.   But Jonathan Adler, who provides a refreshingly distinctive view of environmental law from the Right, argues otherwise.  In a forthcoming article (only the abstract is available on SSRN), he contends […]

Daniel Farber | April 9, 2010

Justice Stevens: Architect of Modern Environmental Law Doctrine

Cross-posted from Legal Planet. When I sat down to write this blog posting, I started by going through my environmental law casebook and noting down the cases in which Justice Stevens had written the majority opinion or a major dissent.   When I got done, I was startled by the central role Justice Stevens had played […]

Daniel Farber | February 19, 2010

White House Draft Guidance on Climate Change and Environmental Impact Statements — A First Look

Cross-posted from Legal Planet. The Council on Environmental Quality has issued a draft guidance to agencies on treatment of greenhouse gases.  The key point is that emissions exceeding 25,000 tons per year of CO2 will be considered a “significant environmental impact” and require preparation of an environmental impact statement. Overall, of course, this is a […]

Daniel Farber | January 21, 2010

Of the Corporations, By the Corporations, For the Corporations? The Meaning of the Citizens United Decision

Today’s decision in Citizens United was something of a foregone conclusion. Still, it was a bit breathtaking. The Court was obviously poised to strike down the latest Congressional restrictions on corporate political expenditures. But the Court went further and struck down even restrictions that had been upheld thirty years ago. Seldom has a majority been […]

Daniel Farber | December 23, 2009

Copenhagen in a Nutshell

 cross-posted from Legal Planet Rob Stavins has a good, concise overview of the session and the outcome on the Belfer Center website.  Not as negative as some other observers, he highlights the extraordinary procecess that resulted in the Copenhagen Accord: It is virtually unprecedented in international negotiations for heads of government (or heads of state) […]

Daniel Farber | December 12, 2009

legal planet test

Has the U.S. “exported” its carbon emissions to China by relying on China to manufacture so many of our goods?  There seems to be growing support for the idea that carbon emissions should be tied to consumption of goods rather than their manufacture, as the NY Times reported recently.  There is a grain of truth to the […]

Daniel Farber | December 12, 2009

The Precarious Legality of Cost-Benefit Analysis

Cross-posted from Legal Planet. Cost-benefit analysis has become a ubiquitous part of regulation, enforced by the Office of Management and Budget. A weak cost-benefit analysis means that the regulation gets kicked back to the agency. Yet there is no statute that provides for this; it’s entirely a matter of Presidential dictate. And reliance on cost-benefit […]

Daniel Farber | December 7, 2009

The Other Shoe Drops: EPA Finally Issues Endangerment Finding

Today, EPA made its long-expected official finding: climate change is real, and we human beings are the cause. More than two years after the Supreme Court ordered EPA to address the issue, EPA has now formally ruled that greenhouse gases cause climate change that endangers human health or welfare. EPA also found that motor vehicles […]