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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 | October 3, 2011

Does the Tea Party Cause Unemployment?

Cross-posted from Legal Planet. I’ve done several postings about the theory that regulatory uncertainty causes unemployment.  I’m skeptical of the claim as a general matter, but if there’s any validity to it, one of the major causes of regulatory uncertainty is the Tea Party, along with other libertarians and opponents of regulation. It’s not hard […]

Daniel Farber | September 12, 2011

Ten Fatal Flaws in the ‘Regulatory Uncertainty’ Argument

Cross-posted from Legal Planet. A current conservative refrain is the regulatory uncertainty is holding back the economy.  Consider an editorial entitled “Obama’s regulatory flood is drowning economic growth”: Businesses large and small face more uncertainty today about the federal regulatory environment than at any point since the New Deal . . . . Seeing this […]

Daniel Farber | September 1, 2011

Is Cap and Trade Unfair?

Cross-posted from Legal Planet. I should probably start by putting my cards on the table. I’m not really an advocate of cap and  trade as compared with other forms of regulation.  What I care about is getting effective carbon restrictions in place, whether they take the form of cap and trade, a carbon tax, industry-wide […]

Daniel Farber | June 20, 2011

Supreme Court Ruling in The American Electric Power Case

Cross-posted from Legal Planet. The Supreme Court decided the AEP case.  The jurisdictional issues (standing and the political question doctrine) got punted.  The Court said that the lower court rulings were affirmed by an equally divided court.  So far as I know, this is the first time that the Court has ever done that and […]

Daniel Farber | June 1, 2011

The Endangerment Litigation

Cross-posted from Legal Planet. I’ve just spent some time reading the initial briefs in the D.C. Circuit on the endangerment issue.  They strike me as much more political documents than legal ones. A brief recap for those who haven’t been following the legal side of the climate issue.  After the Bush Administration decided not to […]

Daniel Farber | April 4, 2011

Environmental Justice and Adaptation to Climate Change

Cross-posted from Legal Planet. I’m beginning to wonder whether we need an “Endangered People Act” to ensure that the most vulnerable get the protection they need from climate change impacts. Climate change will disproportionately affect vulnerable individuals and poorer regions and countries, as I discuss in a recent paper comparing adaptation efforts in China, England, […]

Daniel Farber | March 3, 2011

Michele Bachmann’s Unconstitutional Light-Bulb Bill

Cross-posted from Legal Planet. Michele Bachmann has introduced legislation to overturn the statute requiring the use of energy-efficient light bulbs, according to E&E News.  One  feature of the bill is its escape valve: Bachmann’s bill would allow the mandate to stand if the Government Accountability Office can prove the energy efficient bulbs would meet three […]

Daniel Farber | January 24, 2011

The BP Oil Spill and the Disappearing Louisiana Coast

Cross-posted from Legal Planet. In his book Bayou Farewell, Mike Tidwell tells some haunting stories about the rapid disappearance of the Louisiana coast from his time with Cajun fisherman.  Here’s one story: “We all pile into the crab boat and Tim tells his son to head down the bayou. A few hundred feet away . […]

Daniel Farber | January 10, 2011

Six Myths About Climate Change and the Clean Air Act

Cross-posted from Legal Planet. It’s often said that the Clean Air Act is an inappropriate way to address climate change.  It would undoubtedly be desirable for Congress to pass new legislation on the subject, but the Clean Air Act is a more appropriate vehicle than many people seem to realize.  There are six common misconceptions […]