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Justice Thomas declares war on rulemaking

Dan Farber, professor of law | March 23, 2015

It didn’t get much attention, but Justice Thomas’s dissent two weeks ago in the Amtrak case was extraordinarily radical, even for him. The case involved a relatively obscure issue about the legal status of Amtrak. Justice Thomas used the occasion for a frontal attack on administrative law, including most of environmental law. The heart of … Continue reading »

Rethinking climate ‘adaptation’

Dan Farber, professor of law | November 18, 2013

I’ve spent a lot of time and energy talking about the need to adapt to climate change, but I’ve also become increasingly uneasy about “adaptation” as a way to think about the situation. One of the things I don’t like about the term “adaptation” is that it suggests that we actually can, at some expense, … Continue reading »

The future of climate politics (pt. 2)

Eric Biber, professor of law | February 22, 2013

In my last post, I noted a recent report that called for a new political path for environmentalists and others seeking to enact carbon policy in the United States, one that focused on developing policy proposals that would help mobilize a grassroots movement to support limits on greenhouse gases.  My question was, is there anything … Continue reading »

Climate change: What did Romney believe and when did he believe it?

Dan Farber, professor of law | August 3, 2012

Two days ago (July 31, 2012), I posted documentation about Romney’s views about climate change.  Today, I want to discuss where he’s been consistent and when he has changed course. What’s causing climate change? Romney has been consistent in saying that the climate is changing. In terms of the reasons, however, he’s been cautious, hedging … Continue reading »

Christie and climate change

Dan Farber, professor of law | July 30, 2012

I posted last week about Governor Christie’s support for solar power.  He immediately followed that action by vetoing a bill to bring New Jersey back into RGGI, the greenhouse gas trading system of the Northeast states. (RGGI stands for Regional Greenhouse Gas Initiative.) The veto message points out that he had already vetoed a similar bill.  He contends that … Continue reading »