Law Commons^™

Climate Justice And The China Fallacy, Daniel A. Farber

Daniel A Farber

No abstract provided.

Beyond The Beltway: A Report On State Energy And Climate Policies, Daniel A. Farber

Daniel A Farber

Federal policy receives the bulk of the nation’s attention to energy and climate matters, from President Obama’s Clean Power Plan to President Trump’s withdrawal from the Paris Agreement. Yet much of our nation’s energy and climate policy is made by governors, state legislatures and agencies across the country. However, it can be very difficult to track these disparate actions to understand where progress is being made and which states are falling behind. Beyond the Beltway provides insight into the range of factors – political, geographical, economic and more – that determine the immensely varied state energy and climate policies across …

Environmental Protection As A Learning Experience, Daniel A. Farber

Daniel A Farber

No abstract provided.

Climate Justice, Daniel A. Farber

Daniel A Farber

Eric Posner and David Weisbach take the threat of climate change seriously. Their book Climate Change Justice offers policy prescriptions that deserve serious attention. While the authors adopt the framework of conventional welfare economics, they show a willingness to engage with noneconomic perspectives, which softens their conclusions. Although they are right to see a risk that overly aggressive ethical claims could derail international agreement on restricting greenhouse gases, their analysis makes climate justice too marginal to climate policy. The developed world does have a special responsibility for the current climate problem, and we should be willing both to agree to …

California Climate Law---Model Or Object Lesson?, Daniel A. Farber

Daniel A Farber

In the invitation to this Symposium on Reconceptualizing the Future of Environmental Law, the organizers explained that the Symposium “focuses on the continued expansion of environmental law into distinct areas of the law, requiring an increasingly multidisciplinary approach beyond that of traditional federal regulation.” In short, the question posed is about the future proliferation of environmental measures outside the previous domains of federal environmental statutes. At the risk of being guilty of local parochialism, I would like to discuss how the future described by the organizers has already arrived in California--both in the sense that a great deal is happening …

Navigating The Intersection Of Environmental Law And Disaster Law, Daniel Farber

Daniel A Farber

In an environmental disaster, a disaster causes environmental harm, or an environmental change causes an acute risk to humans, or a combination of both takes place. Examples include the BP oil spill, the London killer fog of 1952, the 2003 European heat wave, and the 2011 Japanese tsunami. Climate change will intensify the connection between disaster issues and the environment. Given the interwoven nature of disasters and the environment, we should consider what environmental law and disaster law can learn from each other. Environmental law has the most to teach disaster law about risk management and prevention. Disaster law, in …

Agencies, Courts, And The Limits Of Balancing, Daniel A. Farber

Daniel A Farber

Courts have struggled in several very different contexts to determine when a decision maker can consider costs that are not explicitly addressed in the governing statute. This issue arises when agencies decide whether to conduct a rulemaking or what rule to issue after a rulemaking. It also arises when courts decide whether to enjoin a violation of a statute or whether to vacate an administrative rule rather than simply remanding. Judicial opinions point in different directions and often ignore each other.

This Article contends that the same principles should govern judicial and agency discretion to consider costs across all these …

Is The Supreme Court Irrelevant--Reflections On The Judicial Role In Environmental Law, Daniel A. Farber

Daniel A Farber

No abstract provided.

Taking Slippage Seriously: Noncompliance And Creative Compliance In Environmental Law, Daniel A. Farber

Daniel A Farber

Environmental law is examined in light of the slippage between regulatory standards and the actual conduct of regulated parties. Two forms of slippage are identified: negative, which describes the situation where something that is legally mandated to happen fails to happen; and affirmative, which describes the situation where required standards are renegotiated rather than ignored. This concept of slippage is explored in terms of how it might inform discussions of legal doctrine, environmental policy, and environmental pedagogy. Slippage is good in the context that it can ameliorate the sometimes impractical demands found in statues, and bad in the context that …

Saving Overton Park: A Comment On Environmental Values, Daniel A. Farber

Daniel A Farber

Presents comments on an article about environmental goods. Background of incommensurability and federal environmental law; What the environmental law seems to incorporate; Overview of the incommensurability and individual choice.

Stretching The Margins: The Geographic Nexus In Environmental Law, Daniel A. Farber

Daniel A Farber

No abstract provided.

Politics And Procedure In Environmental Law, Daniel A. Farber

Daniel A Farber

Deals with a study which applied interest-group theories on environmental laws. Relationship between legislators and environmental groups; Sources of environmental legislation; Role of environmental groups in the passage of environmental legislation.

From Here To Eternity: Environmental Law And Future Generations, Daniel A. Farber

Daniel A Farber

No abstract provided.

Disaster Law And Policy, Daniel Farber, Jim Chen, Robert Verchick, Lisa Grow Sun

Daniel A Farber

Introduction: Legal Scholarship, The Disaster Cycle, And The Fukushima Accident, Daniel A. Farber

Daniel A Farber

No abstract provided.

Triangulating The Future Of Reinvention: Three Emerging Models Of Environmental Protection, Daniel A. Farber

Daniel A Farber

No abstract provided.