Dan Farber
@dfarber1950.bsky.social
2.9K followers 59 following 210 posts
Law professor and director of Center for Law, Energy, and the Environment at UC Berkeley
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dfarber1950.bsky.social
As Steve Vladek has observed, the shadow docket is beginning to dwarf the merits docket. One result: the Supreme Court is becoming an appellate equity court, with damage cases and criminal cases left by the wayside.
dfarber1950.bsky.social
The current Supreme Court has handed down one decision after another crushing environmental protections. The best we can hope for is that they don't any environmental cases. There really isn't any precedent for this run of anti-environmental rulings.
legal-planet.org/2025/10/06/f...
First Monday? More Like 'First Moanday.' - Legal Planet
If you believe in federal protection of the environment, the start of a new Supreme Court term isn’t exactly grounds for rejoicing.
legal-planet.org
dfarber1950.bsky.social
Appalling.
brandonfriedman.bsky.social
Judge Diane Goodstein crossed the Trump administration last month. Yesterday, her home burned, her husband was injured and it's being investigated for arson.

www.postandcourier.com/news/crime/s...
Judge blocks South Carolina from giving DOJ millions of voters' data
Sep. 3, 2025 Judge's house on fire
dfarber1950.bsky.social
I think faculty at USC should jump into court and sue to enjoin the letter's "offer". which clearly violates the First Amendment.
dfarber1950.bsky.social
Trump's rollbacks tend to use the same arguments over and over again. That should make it easy to create templates for rulemaking comments and legal challenges. Which is a good thing, since the rollbacks will be coming hot and heavy.
legal-planet.org/2025/10/02/c...
Creating an Anti-Rollback Playbook - Legal Planet
Trump uses four basic rollback strategies. All of them are vulnerable in court. Opponeents need to perfect their playbook.
legal-planet.org
dfarber1950.bsky.social
Some day, when Trump is out of the White House, his successor will face a big challenge: how to rebuild a ravaged government. Here are some strategies that might help. Advance planning is the key for a new Administration's success.
legal-planet.org/2025/09/29/r...
After Trump: Recreating Agencies From the Ground U[p - Legal Planet
Trump will be leaving the apparatus of government in shambles. Here's what the next President can do to relaunch effective governance.
legal-planet.org
dfarber1950.bsky.social
I'll be it's about DEI or purging dissent within DOD. There isn't any specific military mission or even change in strategy that would involve all of these people from all over the world.
dfarber1950.bsky.social
If we want both environmental quality and new infrastructure, we need to do some hard thinking about what NEPA is trying to accomplish and how we can do that better. Otherwise, we risk "reforms" that throw out the baby with the bathwater.
legal-planet.org/2025/09/25/r...
Reinventing NEPA - Legal Planet
It's time to consider a rethink for NEPA, starting with our goals and then designing better processes to accomplish them.
legal-planet.org
dfarber1950.bsky.social
China pledges for the first time to cut its emissions rather than slowing increase -- and takes a shot at Trump in the process. www.nytimes.com/live/2025/09...
U.N. General Assembly Updates: China, for First Time, Vows to Reduce Greenhouse Gas Emissions
www.nytimes.com
dfarber1950.bsky.social
Was the rapture supposed to happen today? I've been working from home -- hope I didn't miss out.
dfarber1950.bsky.social
Five news items from last week alone about the Trump Administration's ongoing war on science. Time after time, the government puts ideology ahead of scientific knowledge in public health and environmental protection.
legal-planet.org/2025/09/22/t...
The War on Science: Week 35 - Legal Planet
Last week: censoring EPA science publications, a clown show performance by vaccine "experts", top NIH scientist leaves, and more.
legal-planet.org
dfarber1950.bsky.social
Would it make sense to simply cut the White House budget in half, diminishing EOP's ability to micromanage the government?
dfarber1950.bsky.social
When Trump arrogates to himself the power to decide who should be paid and for what, or what federal offices should exist, or whether to obey court orders…. Well, all I can say is that the Constitution has something to say about that.https:

//legal-planet.org/2025/09/18/the-forgotten-constitution/
dfarber1950.bsky.social
A new ruling from the D.C. Circuit boosts solar+battery facilities, with an Obama appointee and a Trump appointee in the majority. By overruling Chevron, the Supreme Court took away the agency's flexibility to adopt a different stance under Trump.
legal-planet.org/2025/09/15/t...
The Color PURPA - Legal Planet
A recent D.C. Circuit opinion is a win for solar power. It also shows that overruling Chevron won't be fatal to environmental regulation.
legal-planet.org
dfarber1950.bsky.social
EPA is coming down hard on workers who had the gall to write a public letter criticizing the agency's direction. That's a clear violation of their First Amendment rights. Government workers don't check their free speech rights at the door.
legal-planet.org/2025/09/11/v...
Violations of Free Speech at EPA - Legal Planet
EPA's punishment of workers for signing a public dissent letter is a clear violation of the First Amendment.
legal-planet.org
dfarber1950.bsky.social
i would opt for renaming DOD the “Department of Alternative Dispute Resolution “. They’re in the business of resolving disputes, and not through litigation.
benjaminwittes.lawfaremedia.org
I have the same exact authority as the President does to rename the Department of Defense. I will be issuing an order tomorrow naming it “Anthony,” after @anthonymkreis.bsky.social.
anthonymkreis.bsky.social
Five— five!!— grafs until the NYT suggests to readers it might not be lawful.

Complete and total abidication of their responsibility to readers to inform and not parrot propaganda.
Reposted by Dan Farber
dfarber1950.bsky.social
Yes, but lots of legal issues to write about. :-)
dfarber1950.bsky.social
Having a conservative at a university's helm doesn't seem to help in faceoffs with the Trump Administration. The #2 person at Harvard is one of the leading conservative legal scholars in the country. And then there's this.
www.nytimes.com/2025/09/04/u...
Northwestern’s President Will Resign After University Faced Republican Pressure
www.nytimes.com