Daniel A. Farber

Berkeley

Editor at Legal Planet

Law professor and secret agent. Author of a forthcoming book on presidential power. https://t.co/9v5cLtjLdA….

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Articles

Is Trump Good for the Oil Industry?

1 week ago | legal-planet.org | Daniel A. Farber

Not particularly, it would appear. If there’s an effect, it’s not big enough to hit the eyes. Given that Trump adores oil and views it as a key source of national wealth, you’d think his election would be a boon for the oil industry. If he is aiding the industry, that doesn’t stand out in looking at the stock market. Oil stocks went up and the day after he was elected, and again after he was sworn in. That suggests some market sentiment in his favor.
Wildfire Liability in California: A Primer - Legal Planet

1 week ago | legal-planet.org | Daniel A. Farber

California has a unique approach to lawsuits against utilities for causing fires. The fires in L.A. have put litigation over wildfires on the front page and spotlighted California’s unique approach. But such litigation isn’t new. In 2019, Pacific Gas & Electric filed for bankruptcy because of billions of dollars of potential liability from fires the previous summer. The firm was faced with 750 lawsuits, ultimately entering a $13.5 billion settlement.
Trump’s Discordant Coal Quartet

2 weeks ago | legal-planet.org | Daniel A. Farber

Yesterday’s four executive orders were long on talk and short on action. Yesterday, flanked by a few coal miners in hard hats, Trump signed four executive orders to restore their industry to its past glory. Given that coal is now the most expensive way to generate power other than nuclear, that’s going to be a heavy lift. Like many of Trump’s orders, these four are full of threats and bluster but will have little immediate effect.
168 Years of Climate Science

2 weeks ago | legal-planet.org | Daniel A. Farber

The scientific evidence for climate change traces back before the Civil War. Climate change is no fad or Johnny-come-lately in science. Rather, our knowledge has grown over 168 years, since an American scientist first discovered the heat-trapping properties of carbon dioxide. Over time, it has become more and more certain that humans are causing climate change and that continuing down that road poses great risks.
What if DOGE Came for the NFL?

3 weeks ago | legal-planet.org | Daniel A. Farber

This is what it looks likes like when DOGE takes on a new task. We know what DOGE is doing to the government. But why stop there? What if they got loose on another part of U.S. society, professional sports? Here’s a picture of what that could look like. June 2026June 30. New Trump Order: DOGE to Fix Football (NY Times)Trump on Truth Social:“Too long have Woke elites Subverted football. the greatest Sport ever Seen. BLOAT and WASTE are EVERYWHERE.
Legislative Primacy

3 weeks ago | theregreview.org | Daniel A. Farber

President Trump’s recent executive orders challenge Congress’s role in creating policy. The U.S. Constitution gives the U.S. Congress the power to legislate. Often, Congress sets general policies and gives agencies discretion over how to implement them, but Congress is still in the driver’s seat. Presidents may see things differently. They may envision themselves as policymakers-in-chief, with statutes either providing blank checks for their use or inconvenient barriers to their plans.
Regulatory Rollbacks: What to Expect

4 weeks ago | legal-planet.org | Daniel A. Farber

A replay of 2017? Or maybe something more radical? You can probably guess the answer. Trump’s opening round of executive orders called for rollbacks of many environmental regulations, including almost everything relating to climate. His EPA Administrator followed up with a long list of projected rollbacks. Rollbacks were a major feature of his first term, so we have some idea of what to expect. But 2025 isn’t 2017.
Lives in the Balance: Infectious Disease and the Trump Administration

1 month ago | legal-planet.org | Daniel A. Farber

The Administration has made serious inroads on safeguards against infectious disease. The federal government has traditionally worked to limit the risks and impacts of epidemics. At a time when scientists are increasingly worried about a possible H1N5 epidemic like the 1917 flu, the erosion of the U.S. public health system by the current Administration creates particular ground for alarm.
Dissecting the Attacks on the Endangerment Finding

1 month ago | legal-planet.org | Daniel A. Farber

EPA has identified four different arguments against the endangerment finding. None have merit. In late 2009, EPA made a formal finding — often called the Endangerment Finding —that greenhouse gases may endanger human health and welfare. Undaunted by the overwhelming scientific evidence in favor of that finding, the Trump EPA plans to reconsider it. Few independent observers believe EPA will succeed, but the issues are important enough to warrant a close look.
EPA Jumps the Shark

1 month ago | legal-planet.org | Daniel A. Farber

Just as a past dictator rejected modern genetics, Trump rejects climate science. For both, evidence was no match for ideology and ego. “We are driving a dagger through the heart of climate-change religion and ushering in America’s Golden Age,” or so said EPA Administrator Lee Zeldin, who used to be considered a fairly rational person. This is known as drinking the Kool-Aid, and it’s something that usually ends badly.