About Dan Farber

Daniel Farber is the Sho Sato Professor of Law and chair of the Energy and Resources Group at UC Berkeley. He is also the faculty director of the Center for Law, Energy, and the Environment. He serves on the editorial board of Foundation Press, and is a member of the American Academy of Arts and Sciences and of the American Law Institute. He has written several books, including “Judgment Calls: Politics and Principle in Constitutional Law” (Oxford University Press 2008); “Retained by the People: The Silent Ninth Amendment and the Rights Americans Don’t Know They Have” (Basic Books 2007); and “Lincoln’s Constitution” (University of Chicago Press 2003). He earned his B.A., M.A., and J.D. degrees at the University of Illinois.

House Republicans on Climate Change Concerns

Climate Change Concerns

Dan Farber: All too many members of the House seem to have left the reality-based community in favor of a fairy-tale world where threats go away if you just close your eyes and deny them.

Scalia’s Puzzling Dissent

justice scalia dissents

Dan Farber: The sloppiness of the opinion is all the more noteworthy because we are still nowhere near the end-of-the-term crunch, when things are more likely to slip through the cracks.

Is It Unconstitutional for the President to Implement Major New Policies by Regulation?

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Presidential Regulatory Powers: Actions by Obama might not hold up in Court, but there’s nothing wrong withusing regulations to make policy.

Lightbulb Wars: The Saga Continues

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Federal Lightbulb Standards — Republicans have won a largely symbolic victory for an obsolete technology that makes little policy sense.

Climate Change: Bulldozer or Bullet Train?

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Dan Farber: We may be facing a powerful but relatively slow-moving bulldozer — but we should be prepared to jump fast if it turns out to be a bullet train instead.

The Filibuster and the Environment

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Dan Farber: In the short run, limiting the filibuster will strengthen the hands of environmental regulators. What about the long run effects?

Rethinking Climate ‘Adaptation’

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Don Farber: One of the things I don’t like about the term “adaptation” is that it suggests that we actually can, at some expense, restore ourselves to the same position we would have been in without climate change.

Playing Chicken with Food Safety

Chicken Recall 2013

Dan Farber: Somewhat surprisingly, considering its something the public cares about deeply, food safety doesn’t seem to have many friends in Washington.

The NAACP and the Politics of Race and Regulation

coca cola and the naacp

Dan Farmber: One of the odd aspects of the NAACP’s position is its complaint that the benefits of the regulation will flow disproportionately to poor and minority populations — phrased in terms of depriving this portion of the population of the right to consumer unhealthy foods:

Romney vs. Disaster Assistance

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Dan Farber: In his last year as governor, Romney refused to provide state assistance when major floods hit western Massachusetts., even though the state government had ample funds.

The Mythical Threat of a Regulatory Deluge

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Dan Farber: Conservatives are now spreading the myth that, if the country fails to elect Mitt Romney, the aftermath will be a deluge of federal regulations.

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