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Showing 277 results

Daniel Farber

Sho Sato Professor of Law

Scales of justice, a gavel, and book

Daniel Farber | April 19, 2023

The Revenge of the Lawyers

As you’ve probably heard, the Biden administration has proposed aggressive new targets for greenhouse gas emissions from new vehicles. That’s great news. One really important aspect of the proposal relates to the justification for the proposal rather than the proposal itself. Following a recent trend, the justification is based on the factors specified by Congress rather than on a purely economic analysis. That may not sound like much, but it’s a really big deal. Among other things, this will shift influence on the regulatory process somewhat away from economists and toward lawyers.

Daniel Farber | April 17, 2023

Revamping Cost-Benefit Analysis

On April 6, the Biden White House released proposed changes in the way the government does cost-benefit analysis (CBA). CBA has been a key part of rulemaking for 40 years. The proposal is very technical and low-key, but the upshot will be that efforts to reduce carbon emissions will get a leg up. In particular, the changes will support higher estimates of the harm done by each ton of carbon emissions (the “social cost of carbon” in economics lingo).

Daniel Farber | March 16, 2023

Cutting 290,000 Tons of Water Pollution a Year, One Coal Plant at a Time

EPA proposed new regulations last week to reduce the water pollution impacts of coal-fired power plants. As EPA regulations go, these count as fairly minor. They got a bit of news coverage in coal country and industry publications. But they will eliminate the discharge of thousands of tons of pollutants, including a lot of metals that pose health problems. The rulemaking illustrates the highly technical nature of regulations and the lawless nature of Trump’s EPA. It also gives some clues about where the Biden administration may be headed in the way it approaches regulatory decisions.

Daniel Farber | March 2, 2023

Good News from the Land of 10,000 Lakes

The headline news is that Minnesota has adopted a 2040 deadline for a carbon-free grid. The headline is accurate, but the law in question contains a lot of other interesting features that deserve attention.

A scientist tests water quality in a marsh

Daniel Farber | March 1, 2023

Wetlands Regulation in the Political Swamp

Last December, the Biden administration issued a rule defining the scope of the federal government’s authority over streams and wetlands. Congressional Republicans vowed to overturn the rule, using a procedure created by the Congressional Review Act. If Congress is going to repeal something, it should be the Congressional Review Act rather than the Biden rule.

US Capitol Building behind green trees

Daniel Farber | February 7, 2023

When Bad Things Happen to Good Regulations

In their crusade against “wokeness,” congressional Republicans are taking aim at a Labor Department rule about pension plan investments. The rule’s transgression is apparently that it makes it easier for pension plans to consider how climate-related risks might affect a company’s bottom line. To avoid being woke, the GOP would apparently prefer pension managers to close their eyes to financial realities, sleepwalking their way through the climate crisis. The real fear, of course, is that more wide-awake investment might disfavor some of the GOP’s biggest corporate supporters.

air pollution

Daniel Farber | January 10, 2023

Learning to Name Environmental Problems

There are U.S. Supreme Court cases going back a century or more dealing with what we would now consider environmental issues, such as preserving nature or air pollution. But when did the Court start seeing filthy rivers and smoky cities as embodiments of the same problem, despite their striking physical differences? And when did it start thinking of “wilderness” as a good thing rather than a failure to use available resources?

Daniel Farber | January 5, 2023

Advances in State Climate Policy

Last year, Congress took its first big step into climate policy by passing blockbuster spending measures. Nonetheless, many states are ahead of the feds in climate policy. There were important developments in a multitude of states.

Daniel Farber | January 3, 2023

The Year Ahead

Here we are, starting another year. Last year turned out to have some major environmental developments. The most notable were the U.S. Supreme Court’s ruling in the West Virginia v. EPA case, striking down the Clean Power Plan, and the passage of the Inflation Reduction Act, with its huge economic incentives for clean energy. Here’s a quick rundown of what 2023 might hold in store.