Dan Farber
@dfarber1950.bsky.social
đ€ 2950
đ„ 59
đ 251
Law professor and director of Center for Law, Energy, and the Environment at UC Berkeley
Everyone benefits from the hard work of others to clean up our air and water, restrict toxic chemicals, save wilderness, and protect the climate. It's a gift that we should all try to pass on to others.
legal-planet.org/2025/12/23/e...
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Everyday Christmas: The Gift of the Commons - Legal Planet
One of the Christmas classics is the Jimmy Stewart movie, Itâs a Wonderful Life. George Bailey, Stewartâs character, is despondent about his life until he learns how much he has unknowingly helped oth...
https://legal-planet.org/2025/12/23/everyday-christmas-the-gift-of-the-commons-2/
about 20 hours ago
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In support of its extraordinary rollback campaign, the Trump Administration relies again and again on the same six arguments. Each one relies on understating regulatory benefits and overstating costs.
legal-planet.org/2025/12/22/g...
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Games Deregulators Play - Legal Planet
Here are the five major arguments that the Trump Administration has used to justifying eliminating environmental protections.
https://legal-planet.org/2025/12/22/games-deregulators-play/
1 day ago
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I stumbled on Trump's presidential message about the Feast of the Immaculate Conception, which ends with the "Hail Mary" prayer. More Christian nationalism.
www.whitehouse.gov/briefings-st...
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Presidential Message on the Feast of the Immaculate Conception
Today, I recognize every American celebrating December 8 as a Holy Day honoring the faith, humility, and love of Mary, mother of Jesus and one of the
https://www.whitehouse.gov/briefings-statements/2025/12/presidential-message-on-the-feast-of-the-immaculate-conception/
4 days ago
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reposted by
Dan Farber
Legal Planet
7 days ago
Who's afraid of NEPA? Guest contributors Dinah Bear and Niel Lawrence argue that the National Environmental Policy Act process provides unique and wide-reaching benefits.
legal-planet.org/2025/12/17/w...
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What's So Special About NEPA? - Legal Planet
NEPA is our one, full-spectrum, nationwide mechanism for getting agencies toward decisions that are smart, well-informed, and responsive
https://legal-planet.org/2025/12/17/whats-so-special-about-nepa/
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In this post, two NEPA experts point out what the law's opponent have been missing: The law can actually lead to improved decisions.
legal-planet.org/2025/12/17/w...
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What's So Special About NEPA? - Legal Planet
NEPA is our one, full-spectrum, nationwide mechanism for getting agencies toward decisions that are smart, well-informed, and responsive
https://legal-planet.org/2025/12/17/whats-so-special-about-nepa/
7 days ago
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Trump's assaults on state AI and climate policies involve different domains, but with a shared goal of consolidating power in his hands.
legal-planet.org/2025/12/16/f...
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Federalism, AI, and the Environment - Legal Planet
Trump's executive orders on climate and AI share a common flaw: a failure to understand the federalist system.
https://legal-planet.org/2025/12/16/federalism-ai-and-the-environment/
8 days ago
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reposted by
Dan Farber
Center for Progressive Reform
16 days ago
The OMBâs push for ârollback exceptionalismâ isnât about freedom; itâs about fast-tracking the removal of protections that people rely on. Read more in the new
@theregreview.bsky.social
commentary by Member Scholar
@dfarber1950.bsky.social
www.theregreview.org/2025/12/08/f...
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The Case Against Rollback Exceptionalism | The Regulatory Review
OMBâs recent memo fails to make a successful case for deregulation.
https://www.theregreview.org/2025/12/08/farber-the-case-against-rollback-exceptionalism/
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reposted by
Dan Farber
Legal Planet
9 days ago
A district court overturns the moratorium on offshore wind, deciding two key legal issues along the way.
@dfarber1950.bsky.social
legal-planet.org/2025/12/15/t...
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The Answers are Blowing in the Wind - Legal Planet
A decision blocking a moratorium on offshore wind set limits on use of presidential directives to avoid legal rules governing agencies.
https://legal-planet.org/2025/12/15/the-answers-are-blowing-in-the-wind/
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A recent decision overturned Trump's ban on offshore wind. It rejected Trump's claim that the normal rules of judicial rule don't apply when an agency acts pursuant to a presidential directive. That's going to be a key legal issue in the next few years.
legal-planet.org/2025/12/15/t...
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The Answers are Blowing in the Wind - Legal Planet
A decision blocking a moratorium on offshore wind set limits on use of presidential directives to avoid legal rules governing agencies.
https://legal-planet.org/2025/12/15/the-answers-are-blowing-in-the-wind/
9 days ago
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I kind of like the idea of making it into a homeless shelter instead.
add a skeleton here at some point
11 days ago
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reposted by
Dan Farber
Legal Planet
13 days ago
There couldnât be a more important time for the work we do, writes
@dfarber1950.bsky.social
. Twice a year we let you know how to support Legal Planet and the two law centers that publish it:
@cleeberkeley.bsky.social
and
@uclalawemmett.bsky.social
legal-planet.org/2025/12/11/y...
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Yes, Itâs That Time of Year Again - Legal Planet
The federal government is now MIA in the fight against climate change. Our missionsn at Berkeley and UCLA is to help states fill the gap.
https://legal-planet.org/2025/12/11/yes-its-that-time-of-year-again-2/
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reposted by
Dan Farber
Legal Planet
13 days ago
Besides a donation to the law centers and legal clinics behind Legal Planet, you can support us with a follow and by subscribing to our free daily email newsletter.
legal-planet.org/subscriptions/
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Subscription - Legal Planet
Subscribe to receive email notifications when new posts are added to our site. * indicates required Email Address * First Name Last Name
https://legal-planet.org/subscriptions/
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Berkeley' Center for Law, Energy & the Environment at Berkeley Law and UCLA's Emmett Center are committed to making progress even in the present dark times. Give a holiday present to the planet with a contribution.
legal-planet.org/2025/12/11/y...
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Yes, Itâs That Time of Year Again - Legal Planet
The federal government is now MIA in the fight against climate change. Our missionsn at Berkeley and UCLA is to help states fill the gap.
https://legal-planet.org/2025/12/11/yes-its-that-time-of-year-again-2/
13 days ago
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reposted by
Dan Farber
Legal Planet
15 days ago
CLEE and the UCLA Emmett Institute released new report today on how California (and other states) can "Drive Demand" for clean trucks. There's also a Jan. 13 webinar with Energy Commissioner Nancy Skinner keynote.
@ethanelkind.bsky.social
legal-planet.org/2025/12/09/h...
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How California (And Other States) Can Drive Demand for Clean Trucks - Legal Planet
CLEE and the UCLA Emmett Institute release new report today and will hold Jan. 13 webinar with Energy Commissioner Nancy Skinner keynote.
https://legal-planet.org/2025/12/09/how-california-and-other-states-can-drive-demand-for-clean-trucks/
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If you want to understand the full sweep of Trump's use of presidential power and the resulting legal issues, this chat between me and my colleague Sharon jacob would be a good place to start. We couldn't cover everythin in a single hour but we did our best!
youtu.be/khS5D1J9w14
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A Fireside Chat on âPresidential Power under Donald Trumpâ featuring Dan Farber and Sharon Jacobs
YouTube video by Edley Center on Law & Democracy at UC Berkeley Law
https://youtu.be/khS5D1J9w14
15 days ago
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The Trump Administration argues that rollbacks get special legal treatment that allows them to shortcut normal procedures. That's plainly incorrect.
www.theregreview.org/2025/12/08/f...
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The Case Against Rollback Exceptionalism | The Regulatory Review
OMBâs recent memo fails to make a successful case for deregulation.
https://www.theregreview.org/2025/12/08/farber-the-case-against-rollback-exceptionalism/
16 days ago
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UN climate negotiations have been treading water. That won't change until China or the U (or both) decide to push hard for progress. Progress will have to take place through other channels like bilateral agreements, regional cooperation, or subnational coalitions.
legal-planet.org/2025/12/08/t...
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Thoughts on COP30 - Legal Planet
UN climate negotiations won't make big progress without EU, the US, and Chinese leadership. Until then, we need to work on other options.
https://legal-planet.org/2025/12/08/thoughts-on-cop30/
16 days ago
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"Journalist"??
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19 days ago
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reposted by
Dan Farber
Phil Lewis
19 days ago
Vanity Fair to part ways with journalist Olivia Nuzzi
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Exclusive | Vanity Fair to Part Ways With Journalist Olivia Nuzzi
Nuzziâs contract with Vanity Fair expires at year-end, following new allegations and revelations about her conduct while she reported on Robert F. Kennedy Jr.
https://www.wsj.com/business/media/vanity-fair-to-part-ways-with-journalist-olivia-nuzzi-f1f1ac6f?mod=author_content_page_1_pos_1
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reposted by
Dan Farber
Legal Planet
19 days ago
The CAFE rollback proposal even rolls back standards that the first Trump Administration set.
legal-planet.org/2025/12/05/t...
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The CAFE Rollback Is Audaciously, Aggressively Awful - Legal Planet
This morning I blogged about some wonky reactions to the Trump/NHTSA rollback of the CAFE standards. Â Now I want to step back and highlight just how truly bad the new set of standards is, based on inc...
https://legal-planet.org/2025/12/05/the-cafe-rollback-is-audaciously-aggressively-awful/
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The regulatory process is supposed to foster open dialogue and deliberation on scientific issues. But that's being going badly awry. Tomorrow's webinar on Science and Democracy probes the issues and looks for answers.
legal-planet.org/2025/12/04/s...
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Science and Democracy - Legal Planet
Government use of science should model democratic deliberation - open and fair, based on argument rather than fiat. That's at risk today.
https://legal-planet.org/2025/12/04/science-and-democrac/
20 days ago
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If you're worried about the state of democracy, this would be a good day for a contribution to the Edley Center for Law & Democracy. Your support will help the center focus on threats to institutions â the electoral system, the bureaucracy, Congress, and the courts.
give.berkeley.edu/fund/FN6469000
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Empower students & faculty to embody the Fiat Lux spirit!
Support UC Berkeley. Start here.
https://give.berkeley.edu/fund/FN6469000
23 days ago
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reposted by
Dan Farber
Legal Planet
23 days ago
The hectic pace of the first few months seems to have turned into a slow walk, if not a crawl. Is Trump running out of ideas?
@dfarber1950.bsky.social
legal-planet.org/2025/12/01/i...
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Is Trump Running Out of Ideas? - Legal Planet
"Shock & awe" marked the start of Trump's term, but now the flood of executive orders has turned to a trickle. The fireworks are over.
https://legal-planet.org/2025/12/01/is-trump-running-out-of-steam/
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Trump began with a flood of executive orders, which have slowed down to a trickle. SAD!
legal-planet.org/2025/12/01/i...
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Is Trump Running Out of Ideas? - Legal Planet
"Shock & awe" marked the start of Trump's term, but now the flood of executive orders has turned to a trickle. The fireworks are over.
https://legal-planet.org/2025/12/01/is-trump-running-out-of-steam/
23 days ago
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Definitely not a great year for the environment, but there are still things to be grateful for this Thanksgiving. Here are ten of them.
legal-planet.org/2025/11/26/t...
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The Top Ten Things to be Thankful for this Year - Legal Planet
Despite Trump's effort to decimate federal climate policy, all is not lost. Theregood news at the state level and globally.
https://legal-planet.org/2025/11/26/the-top-ten-things-to-be-thankful-for-this-year/
28 days ago
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reposted by
Dan Farber
Legal Planet
about 1 month ago
An advisory committee suggests upgrading FEMA, but Noem still hopes to gut it.
@dfarber1950.bsky.social
legal-planet.org/2025/11/20/y...
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Yes, Secretary Noem, We Really Do Need FEMA - Legal Planet
Kristi Noem still wants to gut FEMA, not withstanding the recommendations of a council appointed by Trump. Here's why she's wrong.
https://legal-planet.org/2025/11/20/yes-secretary-noem-we-really-do-need-fema/
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reposted by
Dan Farber
Legal Planet
about 1 month ago
Even for the Trump Administration, this seems really weird.
@dfarber1950.bsky.social
legal-planet.org/2025/11/24/t...
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Trumpâs Baffling Free Pass for Coke Oven Pollution - Legal Planet
Trump just gave coke ovens a free pass on their toxic air pollution. His own EPA found only weeks ago that doing so would be pointless.
https://legal-planet.org/2025/11/24/trumps-baffling-free-pass-for-coke-oven-pollution/
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Episode 100 in "The Gang That Couldn't Shoot Straight," in which Trump grants a pollution waiver after his own EPA had found a waiver to be pointless. Someone apparently forgot to tell the Big Guy.
legal-planet.org/2025/11/24/t...
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Trumpâs Baffling Free Pass for Coke Oven Pollution - Legal Planet
Trump just gave coke ovens a free pass on their toxic air pollution. His own EPA found only weeks ago that doing so would be pointless.
https://legal-planet.org/2025/11/24/trumps-baffling-free-pass-for-coke-oven-pollution/
about 1 month ago
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Kristi Noem seems poised to recommend gutting FEMA, despite the views of a special commission. She's wrong. Here's why the federal government needs to play an active role in disaster management.
legal-planet.org/2025/11/20/y...
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Yes, Secretary Noem, We Really Do Need FEMA - Legal Planet
Kristi Noem still wants to gut FEMA, not withstanding the recommendations of a council appointed by Trump. Here's why she's wrong.
https://legal-planet.org/2025/11/20/yes-secretary-noem-we-really-do-need-fema/
about 1 month ago
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Many of Trump's actions are vulnerable to attacks based on conservative legal theories. Many liberals feel queasy about using legal doctrines they disagree with. They shouldn't.
legal-planet.org/2025/11/17/t...
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Turning Conservative Legal Theories Against Trump - Legal Planet
Should we use conservativesâ ideas to fight the current threat to democracy and the rule of law? Right now, I think, we canât afford to be squeamish.
https://legal-planet.org/2025/11/17/turning-conservative-ideas-against-trump/
about 1 month ago
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reposted by
Dan Farber
Legal Planet
about 1 month ago
A new Trump Administration rule restricts which organizations qualify as engaging in public service.
@dfarber1950.bsky.social
legal-planet.org/2025/11/10/a...
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Another Threat to Advocacy Groups - Legal Planet
An innocent-seeming tweak in the loan-forgiveness program turns out to be trap for organizations whose purposes Trump doesn't like.
https://legal-planet.org/2025/11/10/another-threat-to-environmental-and-many-other-advocacy-groups/
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reposted by
Dan Farber
Legal Planet
about 1 month ago
When it comes to California's authority to limit vehicle emissions, the issues are complex, but the state has some strong legal arguments on its side.
@dfarber1950.bsky.social
legal-planet.org/2025/11/13/s...
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The Lingering Legal Issue of Californiaâs Limits on Vehicle Emissions - Legal Planet
Can Trump revoke California's authority to regulate carbon emissions from cars and trucks? Here's what you need to know about the legal issues.
https://legal-planet.org/2025/11/13/saving-californias-limits-on-vehicle-emissions/
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The Supreme Court will be considering legal arguments about the validity of Trump's tariffs. However the Court ultimately rules, therre will be ways for environmentalists to exploit the ruling, now or later. Here's how.
legal-planet.org/2025/11/04/p...
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The Tariff Case & Environmental Law - Legal Planet
The tariff case presents the Supreme Court with major issues abouexecutive powers that will impact areas like environmental law.
https://legal-planet.org/2025/11/04/potential-implications-of-the-tariff-case-for-environmental-law/
about 2 months ago
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We're one year from the federal off-year elections.So much is at stake. Here's what things look like as of today. A lot could change, but the bottom line is that Dems have their work cut out for them. Tomorrow's state races will provide an additional clue.
legal-planet.org/2025/11/03/t...
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The 2026 Election: Through a Glass, Darkly - Legal Planet
Obviously, itâs early days. The Democrats will need to get some luster back on their brand and see some tarnishing of Trumpâs to prevail.
https://legal-planet.org/2025/11/03/the-2026-election-through-a-glass-darkly/
about 2 months ago
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Here are the Ghosts of Climate Past, Present, and Future, reminding us of what we've lost, where we are, and what we risk, And more Halloween costumes for the climate-aware: Cruella de Coal, the Endangered Mermaid, and Buzz Windmill. .
legal-planet.org/2025/10/30/h...
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Halloween Hacks for a Warming Planet - Legal Planet
Children will be roaming the streets tonight dressed as Superheroes, Princesses, and Evil Villains. But really, these invented figures canât hold a candle to the real ones in our world. Here are some ...
https://legal-planet.org/2025/10/30/halloween-ideas-for-a-warming-planet/
about 2 months ago
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The new McCarthyism: Trump has laid the groundwork for accusations and charges against progressive organizations that are purportedly involved in a conspiracy to support antifa.
lnkd.in/g4ZXFStQ
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LinkedIn
This link will take you to a page thatâs not on LinkedIn
https://lnkd.in/g4ZXFStQ
about 2 months ago
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The Edley Center sponsored this important event on AI, racial justice, and democracy. Is AI part of the problem or part of the cure? Or both?
www.law.berkeley.edu/research/edl...
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Events
https://www.law.berkeley.edu/research/edley-center-on-law-and-democracy/events/
about 2 months ago
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Trump is aiming to do the same thing to federal environmental law that he's done to the East Wing of the White House. He's going to have a much tougher time attacking environmentally friendly states like California.
legal-planet.org/2025/10/23/t...
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The Legal Barricades Protecting State Climate Policy - Legal Planet
Trump wants to wipe out state climate policies, but he'll have an uphill battle. The legal landscape favors the states.
https://legal-planet.org/2025/10/23/the-legal-barricades-protecting-state-climate-policy/
2 months ago
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reposted by
Dan Farber
Legal Planet
2 months ago
Whoops, someone forgot to put it on the White House calendar. October 17-31 has now been proclaimed to be âNational Energy Dominance Month.â Classic.
@dfarber1950.bsky.social
legal-planet.org/2025/10/20/g...
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Guess What? The Next 2 Weeks Are âNational Energy Dominance Monthâ - Legal Planet
Trump remembered halfway through October that he was supposed to proclaim "National Energy Dominance Month," And the story only gets lamer.
https://legal-planet.org/2025/10/20/guess-what-the-next-2-weeks-are-national-energy-dominance-month/
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reposted by
Dan Farber
Mark Lemley
2 months ago
Another bit of good news -- clean energy stocks are significantly outperforming the S&P500, and outperforming oil stocks by even more
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It begins to be clear that, among other things, Kavanaugh is not a careful lawyer.
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2 months ago
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MIT's staunch rejection of the Compact helped set the tone for other schools. It makes you realize what was lost in the law firm setting when Paul Weiss conspicuously caved to Trump.
2 months ago
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USC joins the list of schools rejecting Trump's compact. So far, no one has said "yes."
add a skeleton here at some point
2 months ago
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The 7th Circuit has written a clear, crisp opinion explaining why Trump's use of troops in Chicago is probably illegal. One thing that the opinion makes clear is that DOJ has lost a lot of credibility in terms of factual assertions.
media.ca7.uscourts.gov/cgi-bin/Opin...
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https://media.ca7.uscourts.gov/cgi-bin/OpinionsWeb/processWebInputExternal.pl?Submit=Display&Path=Y2025/D10-16/C:25-2798:J:PerCuriam:aut:T:op:N:3439487:S:0
2 months ago
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MIT, Brown, and now Penn have rejected Trump's nefarious - and unconstitutional - "Compact".
www.nytimes.com/2025/10/16/u...
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Penn Becomes Latest University to Reject White House Deal
https://www.nytimes.com/2025/10/16/us/university-of-pennsylvania-rejects-white-house-deal.html
2 months ago
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The work of these universities' environmental law centers shows that it's still possible to make a difference, even in dark times.
legal-planet.org/2025/10/16/l...
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Lighting Candles in Dark Times: Environmental Law Centers in the Trump Era - Legal Planet
These law school environmental law centers how itâs possible find ways to make a difference even in dark times.
https://legal-planet.org/2025/10/16/lighting-candles-in-dark-times-environmental-law-centers-in-the-trump-era/
2 months ago
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JD Vance: Overt racism and anti-Semitism is just boys being boys.
www.politico.com/news/2025/10...
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Vance downplays group chat messages: âKids do stupid things, especially young boys.â
The vice president called the texts "edgy, offensive jokes."
https://www.politico.com/news/2025/10/15/vance-group-chat-young-boys-stupid-things-00609645
2 months ago
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Another university rejects Trump's "Compact," which a compact only in the sense that a blackmail payment is contractual.
www.bloomberg.com/news/article...
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Brown Joins MIT in Rejecting Trumpâs College Compact Invitation
Brown University declined the White Houseâs invitation to sign an agreement that would grant preferential funding in exchange for a slew of policy changes, like DEI bans and limits on international st...
https://www.bloomberg.com/news/articles/2025-10-15/brown-joins-mit-in-rejecting-trump-s-college-compact-invitation
2 months ago
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Why does Trump flaunt his willingness to act at the fringes of legality? Could that work to his advantage? The answer is yes, but the downside is that this strategy makes him more vulnerable in court.
ssrn.com/abstract=540...
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The Imperious Presidency: Brazen Power Plays and Executive Overreach
The Trump Administration has been prone to brazen power plays. These actions have three basic characteristics: they are dramatic deviations from conventional go
https://ssrn.com/abstract=5403088
2 months ago
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Last Friday's layoff notices to a thousand people at CDC were just the latest outgrowth of Trump;s inexplicable campaign against medical science and public health led by RFK Jr.
legal-planet.org/2025/10/13/t...
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The War on Public Health Continues - Legal Planet
The latest CDC layoffs will kneecap our ability to respond to infectious disease outbreaks. It's part of a pattern of axing medical science.
https://legal-planet.org/2025/10/13/the-war-on-public-health-continues/
2 months ago
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