In the News


Daniel Farber in the news:



Free to marry—but ruling’s basis raises worries

Amanda Tyler and Daniel Farber quoted in San Francisco Chronicle, July 5, 2013 (registration required)

“It was born of a concern about federal courts overreaching beyond the power given to them,” said Amanda Tyler, a UC Berkeley constitutional law professor. The courts, she said, are often reluctant to “interfere with the workings of the executive or legislative branch.”

The ruling hasn’t eliminated environmental suits but has made them harder to sustain. Courts have insisted that plaintiffs show they are suffering a definable harm that would be cured by a favorable ruling, said Daniel Farber…. “You have to have an injury that was caused by the (government), and the court has to be able to help you,” he said.


Berkeley law prof: EPA regulates blank, opposed by blank

Daniel Farber quoted in San Francisco Business Times, May 28, 2013

It’s always the same story when the EPA rolls out new regulations, says Dan Farber, a professor at the University of California, Berkeley, law school. “Just fill in the blanks, and you can save yourself the trouble of reading newspaper accounts about any new EPA action,” Farber says, providing readers with a template under the headline “New EPA Regulations Spark Controversy.”


Obama climate agenda faces Supreme Court reckoning

Daniel Farber quoted in Reuters, May 16, 2013

“It’s very convoluted,” said Daniel Farber, an environmental law professor at the University of California, Berkeley School of Law. “The court typically doesn’t like all this complicated stuff.”


Death by drone, and the sliding scale of presidential power

Daniel Farber and John Yoo cited in National Public Radio, It’s All Politics blog, February 8, 2013

In an interview, Farber said…. “Presidents, regardless of political party, or liberal versus conservative, they just don’t seem to have a lot of qualms about doing what they think is necessary for national security. So it doesn’t surprise me [that Obama has allowed Americans to be targeted in drone strikes overseas]. There have been very few exceptions.”

In his 2006 book, War by Other Means: An Insider’s Account of the War on Terror, Yoo argues that killings in the context of a war is what legitimizes the federal government’s actions: “When a nation goes to war, it seeks to defeat the enemy in order to prevent future harms on society inflicted by enemy attacks…. The military bombs a building when it estimates with varying degrees of certainty that enemy soldiers or munitions are there. It does not wait to attack until it has proof beyond a reasonable doubt or probably cause.”


California greenhouse gas rules face major court test

Daniel Farber quoted in San Jose Mercury News, October 14, 2012

“Any comprehensive plan is going to have to confront this issue,” said Daniel Farber, co-director of UC Berkeley’s environmental law [center]. “A negative decision in this case could pose a barrier to aggressive state efforts to address climate change.”


California greenhouse gas rules face major court test

Daniel Farber quoted in San Jose Mercury News, October 14, 2012

“Any comprehensive plan is going to have to confront this issue,” said Daniel Farber, co-director of UC Berkeley’s environmental law [center]. “A negative decision in this case could pose a barrier to aggressive state efforts to address climate change.”


Microsoft (legally) avoided $6.5B in taxes over 3 years

David Gamage and Eric Talley quoted in The Seattle Times, September 21, 2012

While it’s right to a certain extent to say that U.S. companies aren’t paying their fair share of taxes, Talley said, it’s also true that multinational corporations have substantial leeway in where they locate. “If policymakers decide to close up the loophole, a potential danger is that companies may start to move their physical operations overseas,” he said.

David Gamage, an assistant professor at UC Berkeley School of Law, said it’s impossible for him to know whether Microsoft or HP have done anything wrong without seeing privileged documents that he doesn’t have access to. “But my guess, based on what’s been publicly available, is that Microsoft is, at the very minimum, being extremely aggressive in its interpretation of U.S. tax laws,” he said.


Lawyers go west as climate litigation warms up

Daniel Farber quoted in Environmental and Energy Publishing, September 20, 2012

“These cases are always hard to predict in the Supreme Court,” said Daniel Farber, an environmental law professor at the University of California, Berkeley, School of Law. The fuel standard case is certainly “a possible case for Supreme Court review,” he added.


California’s water system can adapt to climate change, new study shows

Daniel Farber and Deborah Lambe quoted in The Daily Californian, August 7, 2012

“The growing California population will put additional stress on the water system,” said Berkeley School of Law Professor Dan Farber, another co-author of the study, in an email. “Some of our key recommendations include a new system for monitoring and recording water use, which is essential for better planning, and better methods for controlling the use of groundwater, which is rapidly being exhausted.”

“The information those kinds of rules will generate can help California adapt to climate change by establishing a baseline of how much water the state is using and by identifying changes in both supply and demand over time,” Lambe said.


California carbon market to generate billions but won’t end budget woes

Daniel Farber and Deborah Lambe cited in Forbes, May 17, 2012

“The least risky spending proposals are those that would advance AB 32′s goals, and in particular, AB 32′s primary goal: the reduction and mitigation of greenhouse gas (GHG) emissions,” wrote Deborah Lambe and Daniel Farber of the University of California, Berkeley’s Center for Law, Energy & the Environment. “Somewhat more risky (but still relatively low risk) are costly spending proposals for projects that advance the goals of AB 32, but also advance other, unrelated goals.”
This story also appeared in these outlets: KATV-TV, SNL Power Daily, and Sacramento Business Journal.


Lawyers descend en masse for arguments on greenhouse gas rules

Daniel Farber quoted in Environment & Energy News, February 27, 2012

As Daniel Farber, an environmental law professor at the University of California, Berkeley, School of Law, noted, while it may be unusual for so many lawyers to be arguing, there’s an obvious reason why. “That seems like a lot of lawyers to me,” he said. “But of course the challengers are raising a lot of issues.”


Daniel Farber and Joseph Sax Recount Berkeley Law’s Environmental Legacy

San Francisco Chronicle, February 26, 2012 by Daniel Farber
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2012/02/25/INNB1N9UKT.DTL

“It traces back to work done at the law school, to community activists and to people in public office,” says Sax. “We need the legal basis to get the job done, and the place where that happens is in the law school.”

In short, the legacy of Colby, Sax and Heyman lives on—not only in Berkeley Law itself, but also in the wetlands, lakes and mountains they fought with such ingenuity to protect.


Daniel Farber Says Founders’ Original Intent Unclear

The Independent Voter Network, February 23, 2012 by Daniel Farber
http://ivn.us/2012/02/23/founders-original-intent-far-from-crystal-clear/

People rely on rulings by the Supreme Court to provide consistency and prevent the proverbial rug from being pulled out from under them. But it can be difficult to decide when an erroneous ruling should be left intact. Again, reasonable judges can reach different conclusions even if they are both believers in upholding the original intention of the Constitution.


Daniel Farber Calls Debates Over EPA’s Findings ‘Political’

California Watch, February 13, 2012 by Bernice Yeung
http://californiawatch.org/dailyreport/southern-californians-risk-death-air-pollution-epa-says-14843

“There is strong industry opposition to these regulations and strong opposition from groups who are ideologically opposed to regulation in general,” Farber wrote in an e-mail. “EPA’s most important role in terms of economic impact and public health relates to air pollution. So it’s not surprising that this is the area where EPA is being attacked.”


Daniel Farber Applauds NEPA Survey

Greenwire, December 19, 2011 by Lawrence Hurley
http://rlch.org/news/survey-finds-nepa-studies-consider-climate-impacts-inconsistently

Daniel Farber, an environmental law professor at the University of California, Berkeley, School of Law, welcomed the survey, noting that, in general, “NEPA implementation in the federal government suffers from fragmentation,” making it difficult to track what different agencies are doing.


Daniel Farber Wins Accolades in Justice’s New Book

The New York Times, September 30, 2011 by Lawrence Hurley
http://nyti.ms/qPES8R

Stevens, now 91, recalls that when the government first petitioned the court to overturn the Cincinnati, Ohio-based 6th U.S. Circuit Court of Appeals ruling that had halted construction of the almost completed dam, one of his law clerks sent him a memo dismissing the arguments as “feeble.”  That clerk was Daniel Farber, who is now a well-known environmental law professor at the University of California, Berkeley, School of Law.


Daniel Farber Discusses ‘Diversity Bake Sale’

The Daily Californian, September 26, 2011 by Jason Willick
http://bit.ly/qLvVsk

According to UC Berkeley School of Law Professor Daniel Farber, if the group actually sold cupcakes at different prices to students of different races, then their conduct would not be protected under the First Amendment because “a general rule against racial discrimination in commercial transactions should be valid.”


Daniel Farber Supports Cap and Trade to Reduce Emissions

Carbon Market North America, September 2, 2011 by Dan Farber
http://www.pointcarbon.com/polopoly_fs/1.1575731!CMNA20110902.pdf

Cap and trade may or may not be the ideal approach, but if we cannot afford to delay while we engage in a quixotic quest for the perfect method of reducing emissions.


Steven Weissman, Daniel Farber Discuss Bryson’s Policies During CA Power Crisis

The New York Times, June 15, 2011 by Colin Sullivan
http://nyti.ms/mr4jsm

Bryson did manage to separate himself from other corporate executives by dealing directly with Davis. This made Edison “the quieter of the three major California utilities” during the crisis, Weissman said, as Bryson was working behind the scenes to pay off its debt, avoid bankruptcy and generally keep “a lower profile in terms of affiliate transactions in California power markets.”

And some tried to turn the table on Republicans when the question was raised about Bryson’s support for renewables and BrightSource specifically. “Given that the Republicans won’t vote to repeal subsidies to the oil industry, I don’t see how they can complain about subsidies for clean tech,” said Daniel Farber.


Daniel Farber Calls for Reduced Energy Consumption

Forbes, April 6, 2011 by William Pentland
http://blogs.forbes.com/williampentland/2011/04/06/global-warmings-consumption-paradox/

Society needs to consume less of everything from automobiles to air conditioning if it wants to confront climate change, according to Daniel Farber…. In Farber’s view, the mechanics of “reducing consumption” encompasses a tectonic shift away from consumption-driven capitalism toward a “post-consumerism” model of economic growth that promotes a more robust concept of social welfare.