Dan Farber

Great project!

Dissecting EPA’s Endangerment Repeal: Series Wrap-Up: - Legal Planet In a series of posts, I explained why EPA was right to issue the Endangerment Finding and wrong to repeal it.

EPA's mission is supposed to be protecting the environment. That's what it was doing in 2009 in a formal finding that carbon emissions endanger our health and welfare. This series dissects its rationale for repealing the finding in a stark betrayal of its mission.
legal-planet.org/2026/02/26/s...

Combating Public Corruption to Protect & Sustain Democracy: From Watergate to Now & Beyond Hosted by the Edley Center for Law & Democracy. This panel brings together three experienced former federal prosecutors — one from the Watergate era and two from the last several […]

Those in the Bay Area should catch our event on public corruption. A timely issue! (Video available later)
www.law.berkeley.edu/event/combat...

The Affirmative Case for Finding Endangerment - Legal Planet For the EPA to question whether vehicles emissions endanger the planet is like NASA questioning whether the earth is round. Unbelievable.

Despite hairsplitting by the current EPA, finding endangerment is a no-brainer. @dfarber1950.bsky.social legal-planet.org/2026/02/17/t...

Can the Endangerment Finding be Repealed? Not While MASS. v. EPA Still Lives. - Legal Planet EPA claims that its justifications for repealing the Endangerment Finding are consistent with the ruling in Mass. v. EPA. That's just not true.

On any fair reading of Justice Stevens’s opinion, the Endangerment Finding is valid. @dfarber1950.bsky.social legal-planet.org/2026/02/18/c...

The Overlooked Precedent Supporting EPA Regulation of Greenhouse Gases - Legal Planet Chief Justice Roberts and Justice Scalia later joined an opinion accepting Mass. v. EPA, undermining attacks on the Endangerment Finding.

An important precedent has been overlooked in the coverage of the Trump EPA’s repeal of the 2009 Endangerment Finding. @dfarber1950.bsky.social legal-planet.org/2026/02/19/t...

Has Trump Actually "Driven a Dagger Through the Heart" of Climate Policy? - Legal Planet Trump is rolling the dice on his repeal of the Endangerment Finding. Even a victory in court might not do as much as he expects.

Trump says repealing the endangerment finding will kill federal climate regulation forever. Not so fast! Even if the repeal stands up in court, its legal effect would depend on the court's reasoning.
legal-planet.org/2026/02/25/h...

What Happens to State Regulation if the Endangerment Findings are Gone? - Legal Planet Trump's repeal of the Endangerment Finding will leave state climate policy intact and might even strengthen the state's hand.

If upheld by the courts, EPA's repeal of the endangerment finding would virtually end federal climate regulation. But what about state climate action? The answer is complicated but mostly positive.
legal-planet.org/2026/02/23/w...

Nicely put!

Want to know more about Trump's alternative tariff tools, now that the Supreme Court has struck down his current tariffs. Here's an explainer from the Edley Center on Law & Democracy.

www.law.berkeley.edu/wpcontent/up...

The Tariff Decision and the Major Questions Doctrine - Legal Planet The major questions doctrine was confusing before. Today's tariff decision only adds to the confusion.

The tariff decision is a welcome check on Trump's abuse of power. But the various opinions made the already confusing Major Question Doctrine all the more confusing.
legal-planet.org/2026/02/20/t...

The Overlooked Precedent Supporting EPA Regulation of Greenhouse Gases - Legal Planet Chief Justice Roberts and Justice Scalia later joined an opinion accepting Mass. v. EPA, undermining attacks on the Endangerment Finding.

Trump & Co. are hoping the Supreme Court will overrule Mass v. EPA. But there's a snag. Chief Justice Roberts & Justice Scalia later joined an opinion reaffirming the foundational climate ruling. And Roberts is still there.
legal-planet.org/2026/02/19/t...

Presidents increasingly position themselves as Policymakers-in-Chief. Recent Supreme Court opinions reflect a different view that centers Congress. The tariff case may provide the acid test.
www.uclawjournal.org/an-age-of-st...

Can the Endangerment Finding be Repealed? Not While MASS. v. EPA Still Lives. - Legal Planet EPA claims that its justifications for repealing the Endangerment Finding are consistent with the ruling in Mass. v. EPA. That's just not true.

In 2007, the Supreme Court ruled that EPA has jurisdiction over carbn emissions from vehicles. Despite the Trump EPA's efforts t tap dance around this precedent, there's no honest way of reconciling its repeal of the Endangerment Finding with the Court's ruling.
legal-planet.org/2026/02/18/c...

Recapping "Our Climate Future": A California Gubernatorial Candidate Forum - Legal Planet Californians will elect a new governor in November. The race presents state voters with a wider variety of potential outcomes for climate policy–from increased ambition to continuity to changed priori...

What do the candidates think about climate policy?
Recapping “Our Climate Future”: A California Gubernatorial Candidate Forum legal-planet.org/2026/02/18/r...

The Affirmative Case for Finding Endangerment - Legal Planet For the EPA to question whether vehicles emissions endanger the planet is like NASA questioning whether the earth is round. Unbelievable.

Repealing the Endangerment Finding is nuts. When EPA found that greenhouses endanger human health and welfare, it was a no-brainer given the science and the Supreme Court's directives. End of story.
legal-planet.org/2026/02/17/t...

EPA’s Problematic Case for Rescinding Its Endangerment Finding | The Regulatory Review EPA’s decision to retreat from regulating greenhouse gas emissions runs contrary to law.

This essay teases apart the legal arguments that EPA is using to justify repeal of the Endangerment Finding. Even putting aside the conflict with the governing 2007 Supreme Court precedent, these arguments are problematic on their own terms.
www.theregreview.org/2026/02/17/f...

In the Cross Hairs - Legal Planet The Right has taken umbrage at the important work of environmental law professors and centers. The result is a campaign of harassment.

Law school environmental law professors and programs have been targets have been targeted by rightwing groups and congressional Republicans.

legal-planet.org/2026/02/16/i...

U.S. Deports Nine Migrants in Secret, Ignoring Legal Protections

No matter how low the Trump Administrations, they can always go lower. And they always do.
www.nytimes.com/2026/02/14/w...

Great choice. Liz is terrific.

First I'd heard. How cool!

Hot Take on the Endangerment Repeal - Legal Planet EPA's Endangerment Finding repeal is a thinly veiled effort to overturn a 2007 Supreme Court case. It doesn't even try to contest the science.

If this repeal is upheld, it would be a death sentence for the American people.

Fossil fuel executives will get rich, we will get poorer, the planet will get hotter, and the air we breathe will get worse and worse. We will pay with our lives and lungs.

YouTube video by Edley Center on Law & Democracy at UC Berkeley Law A Discussion on Campus Speech and Academic Freedom: A Guide for Difficult Times

Academic freedom is under threat from all sides today.. Where does the First Amendment enter in? Erwin Chemerinsky and I analyzed the issues in this event, with Erwin taking the lead.
youtu.be/eYp2xRNB8wo

Or better yet, figure out what you were doing wrong and stop doing it.

Extra Bonus Quote of the Day "I'm not scared of a germ. I used to snort cocaine off of toilet seats." -- Health Secretary Robert F. Kennedy, on a podcast.

This explains a lot about what's happening in the FDA & other agencies. politicalwire.com/2026/02/12/e...

Statement on the EPA’s Final Rescission of the ‘Endangerment Finding’ - Center for Progressive Reform Over the course of more than a century, serious statespeople came together to build the modern administrative state out of a shared commitment to redeeming their constitutional duty to form a more per...

Could this be our opportunity to construct something even better?

Learn more about this decision in a statement from Center for Progressive Reform Policy Director and Interim Co-Executive Director @jamesgoodwin.bsky.social here:

progressivereform.org/cpr-blog/epa...

Hot Take on the Endangerment Repeal - Legal Planet The other shoe has dropped with the announcement of the final rule repealing EPA’s 2009 finding that greenhouse gases endanger human health and welfare. The Trump Administration has the nasty habit of...

EPA's repeal of the Endangerment Finding is a thinly veiled effort to overturn a 2007 Supreme Court ruling. Even today's current conservative Court not by this.
legal-planet.org/2026/02/12/h...

Trump Administration Live Updates: President’s Border Czar Says Minnesota Enforcement Surge Is Ending

People do matter. Trump went to war against Minneapolis. The city's people forced him to retreat.
www.nytimes.com/live/2026/02...

The Accelerating Decline of U.S. Public Health Policy - Legal Planet It’s hard to believe how quickly a science-driven approach to protecting health has been replaced by ideology and quackery.

In its first year, the Trump Administration did enormous damage to public health protections. The damage has accelerated in the last month.
legal-planet.org/2026/02/12/t...

Just when Trump is making a big push for "beautiful clean coal," solar energy is surging. Why put our money on a dirty 19th Century technology like coal?

lnkd.in/gGS6Q9Kh