In the News


Daniel Farber in the news:



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.


Daniel Farber Examines ‘Supreme Mistakes’ of U.S. High Court

Los Angeles Times, April 2, 2011 by Carol J. Williams
http://articles.latimes.com/2011/apr/02/local/la-me-scotus-scandals-20110402

The high court’s decision in Dred Scott vs. Sandford in 1857 held that the descendants of slaves weren’t entitled to U.S. citizenship or the protections of the Constitution…. “It was a deeply racist opinion that goes far out of its way to warmly embrace the institution of slavery,” said Daniel Farber, a UC Berkeley law professor who said the decision arguably led to the Civil War and hundreds of thousands of deaths.


Daniel Farber Thinks Japan’s Crisis Will Delay Nuclear Programs

KGO-TV, March 14, 2011 Host Mark Matthews
http://abclocal.go.com/kgo/story?section=news/national_world&id=8013372

Farber says the nuclear engineers are on the defensive because they know what is happening in Japan could jolt efforts to revive U.S. nuclear power industry. “Proceedings are going to take longer and they’re going to require more safeguards, and all of that adds up to more cost,” Farber says.


Daniel Farber, Richard Frank Predict EPA Will Prevail in Texas GHG Suit

The New York Times, January 5, 2011 by Lawrence Hurley
http://nyti.ms/i7qhjh

“The short answer is that, at least in the long term, EPA is quite likely to win the legal battle,” said Richard Frank.

Daniel Farber, an environmental law professor at the University of California, Berkeley, also noted that the 12 other states that objected to the EPA rules have all been able to reach an interim agreement. He accused Attorney General Abbott of being “willing to sacrifice jobs and industry in Texas just in the hope of harassing EPA.”


Daniel Farber Questions Move to Redefine Birthright Citizenship

The Michigan Messenger, October 20, 2010 by Elise Foley
http://michiganmessenger.com/42732/redefining-birthright-citizenship-one-state-at-a-time

Daniel Farber, a constitutional law professor at Berkeley Law, said the 14th Amendment does not need to be interpreted by the Supreme Court because its meaning is already clear: Anyone born in the United States is a citizen…. “I usually am not this emphatic about what I think the answer is because Constitutional law has a lot of gray areas, but I do feel this one is pretty cut and dry. The 14th Amendment is clear about who is a citizen.”


Daniel Farber and Richard Frank Note Pitfalls of Prop. 23

Los Angeles Times, October 4, 2010 by Daniel Farber and Richard Frank
http://www.latimes.com/news/opinion/commentary/la-oe-farber-prop23-20101004,0,551916.story

In an era when California government is often called a model of dysfunction, our state’s climate change and renewable energy policies stand out as one example of visionary, effective public policymaking. Proposition 23, if passed in November, would substantially undermine California’s impressive leadership and progress on the climate change, green jobs and renewable energy fronts.


Daniel Farber Finds Prop. 23 Legally Flawed

Earth Day Network, September 17, 2010 by Barbara Grady
http://earthday.net/blog/2010/09/17/all-eyes-on-california/

“Since most significant climate policy efforts in California are linked to AB 32, its suspension could lead to legal and regulatory confusion,” said UC Law Professor Daniel Farber, another author of the Berkeley report. If the November measure passes, existing greenhouse gas regulations could also be put on hold, or in the least subject to legal challenges, he said.


Daniel Farber Debates Impact of Prop. 23

-KCRW-FM, Which Way L.A.?, September 9, 2010 Host Warren Olney
http://www.kcrw.com/news/programs/ww/ww100909prop_23_ab_32_and_th

“I think the answer is nobody really knows for sure. But what we do know is that there would be some immediate loss of jobs…. I think there is also this ripple effect: California has been a leader in the climate area. If California starts to do an about face, that is going to affect other states in the US and that is going to affect efforts in other parts of the world.”

-E&E Climate Wire, September 10, 2010 by Colin Sullivan
http://www.eenews.net/climatewire/print/2010/09/10/4

“Since most significant climate policy efforts in California are linked to [the climate law], its suspension could lead to legal and regulatory confusion,” said UC Berkeley law professor and co-author of the analysis Daniel Farber, who believes the referendum would freeze climate regulations indefinitely because it is tied to unemployment dropping to 5.5 percent for a full year.

-The Sacramento Bee, September 10, 2010 by Rick Daysog
http://bit.ly/dmQVMM

The Center for Law, Energy & the Environment at the University of California, Berkeley Law School also said the rollback initiative, Proposition 23, would benefit oil and power companies while increasing regulatory burdens to real estate developers and auto makers. “It adds significant uncertainty at a time when we have a lot of economic uncertainty,” the report’s co-author Dan Farber said.


Daniel Farber Thinks Kagan Could Be Environmental Ally

Forbes, August 11, 2010 by Andrew Schenkel
http://bit.ly/9bcyGe

The University of California’s Environmental Law and Policy Blog describes Kagan as being much more liberal on the commerce clause, while favoring agencies like the EPA to implement policy. “We just need judges who understand that the paramount role in environmental law is played by Congress (with an assist from administrative agencies), not by the courts,” Dan Farber of UC Berkeley and UCLA Law wrote after Kagan was nominated.


Daniel Farber Calls for Close Scrutiny of Carbon Capture

California Watchblog, August 6, 2010 by Will Evans
http://bit.ly/cnP20H

Dan Farber, director of UC Berkeley School of Law’s Environmental Law Program, draws a comparison between the BP oil spill in the Gulf of Mexico and carbon capture and storage projects. “Systems don’t always work the way they’re supposed to, in part because people make mistakes,” Farber said. “If we start doing this on a major scale we shouldn’t just accept assertions that this is perfectly safe and there’s nothing to worry about. We’ve been doing offshore drilling for a long time, too, and we thought we knew how to do that.”


Daniel Farber Deciphers Elena Kagan’s Environmental Views

Environment & Energy Daily, June 28, 2010 by Jennifer Koons
http://www.eenews.net/EEDaily/print/2010/06/28/3

“Since she served in the Clinton administration, she’s somewhere between Bill Clinton and Al Gore on environmental issues, and I would probably guess closer to Clinton,” said Daniel Farber, an environmental law professor at the University of California, Berkeley.