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.