Daniel Farber

Cases against oil giants over climate change ‘credible’

Daniel Farber interviewed by Capital Public Radio, July 31, 2017

Daniel Farber says companies will try to get the cases thrown out for lack of jurisdiction. But if they move forward, it could open up new claims. “If the plaintiffs can just get to the point of discovery, that is the point where they’re entitled to get documents and to interview oil company officials, that is really a huge victory,” Farber said.

Trump can’t stop protests at his rallies, experts say

Jesse Choper and Daniel Farber quoted by San Francisco Chronicle, May 6, 2017

“If he wants to have a private talk, he ought to have it in his office,” Choper said. He said protesters can’t be allowed to “censor the speaker” by drowning Trump out with shouts, but they should at least be allowed to hold up signs — or Russian flags — as long as they can’t be converted to weapons.

Daniel Farber said he was leery about the willingness by Trump’s lawyers to condone the use of force against protesters. “The state has an interest in preventing violent acts and requiring people to use legal channels,” Farber said. “An abortion protest might violate the rights of a clinic, but that doesn’t mean the clinic people have the right to beat them up.”

Judge Neil Gorsuch: Friend or foe of the environment?

Daniel Farber quoted by Earth Island Journal, March 30, 2017

“[Gorsuch] doesn’t strike me as a bomb thrower, that he’s going to come down with some striking decisions that wreak havoc,” Farber adds. “Given that the decision was going to be made by a Republican president, I don’t think that we were going to do much better than him in terms of environmental cases, and maybe in general.”

President Trump and executive power

Daniel Farber, John Yoo, and Peter Schuck interviewed by World Affairs: Conversations that Matter, March 9, 2017

 

Farber: “The question of whether he can terminate a treaty that’s been ratified by the Senate … is a lot harder. … As a matter of U.S. law, he can do that. The international community may or may not view that as relieving us of our international obligations. That’s a separate question.”

 

Yoo: “We have to separate what’s good or bad as a matter of policy, and what’s legal. They’re different things. …The President does have the legal authority to add and subtract who he wants to be his adviser in foreign or domestic policy.”

 

Schuck: “Congress has granted the President very broad authority in the area that was impacted by the Executive Order concerning refugees—not just refugees, but anyone coming from those countries for a period of time.”

Neil Gorsuch might stand against abuse of power

Daniel Farber writes for The Daily Californian, Feb. 21, 2017

In terms of Gorsuch’s general temperament, he seems to care deeply about the importance of following the law, regardless of personal inclinations about the outcomes of cases. That respect for the law and for the role of judges is a good sign.

Senate confirms Scott Pruitt as EPA chief despite concerns

Daniel Farber interviewed by KTVU Fox 2 News, Feb. 17, 2017

“Some of those lawsuits are still out there so he’s going to be in the position of supposedly leading the agency in defending or responding to lawsuits he himself was involved in,” Farber said. Farber says as head of the EPA, Pruitt won’t be able to change the laws. “In the area of regulation, he’s very much subject to oversight by the courts,” Farber said, noting there are other ways, however, that Pruitt can scale back the EPA’s reach.

Courts should kill Trump’s pricey ‘2-for-1’ deregulation order

Dan Farber writes for The Hill, Feb. 9, 2017

The regulatory process is very elaborate, and adopting a new regulation is a very expensive, time-consuming process. This executive order effectively triples the costs, because agencies not only have to enact new regulations, but also go through equally complex proceedings to eliminate two old ones. Basically, agencies will be able to propose about a third as many new rules as before.

UC Berkeley School of Law professors hold panel on Trump’s U.S. Supreme Court nominee

John Yoo, Jesse Choper and Dan Farber quoted by The Daily Californian, Feb. 8. 2017

Yoo said Gorsuch’s past stances on religious liberty, such as in the Burwell v. Hobby Lobby Stores, Inc. case in 2014, are most likely the reason he was considered for the nomination.

“Yes, (Gorsuch) is qualified, perhaps better than any other nomination (Trump) has made to cabinet seats,” Choper said.

Gorsuch is someone who is open-minded and does not have a knee-jerk response, Farber said. He added he believes Gorsuch’s past opinions on the 10th Circuit have had a more “humane” tone than Scalia’s.

Barriers abound to Trump’s border wall

Holly Doremus, Daniel Farber, and Bill Falik quoted by California Magazine, Feb. 6, 2017

Doremus: “There’s not a lot of existing border fencing in Texas, so the wall would have to pass through a lot of private land where barriers haven’t been much of an issue until now,” she says. “And certainly, eminent domain seizures are not popular with Republicans in general and Texas Republicans in particular.”

Farber: “The wall would cost a lot, and its benefits are unclear, but the Secure Fence Act does give the administration pretty broad powers to dispense with legal requirements such as NEPA. I’d love to see it stopped, but it may be difficult.”

Falik: “It’s really expensive,” observes Bill Falik, a lecturer at Berkeley Law and a real estate developer, “and I’m not completely sure at this point that a Republican congress is going to be anxious to go along with that.” Nor is Falik convinced that federal statutes such as the Endangered Species Act and NEPA would suddenly turn the project into smoldering rubble; rather, they might inflict the death of a thousand torts.