Cale Jaffe

  • Professor of Law
  • Director, Environmental Law and Community Engagement Clinic
Cale Jaffe is director of the Environmental Law and Community Engagement Clinic. Through his work with the clinic, Jaffe has represented a diverse array of public-interest clients, from a community group working to preserve an early 20th-century black schoolhouse in Cumberland County, Virginia to local governments filing amicus briefs in the Supreme Court of the United States.
 
Prior to joining the faculty at the University of Virginia, Jaffe was an attorney with the Southern Environmental Law Center, a leading environmental law and policy organization working at national, state and local levels. From 2013 to 2016, he was director of the center’s Virginia office. In 2014, Jaffe was appointed by Virginia Governor Terry McAuliffe to serve on the Governor’s Climate Change and Resiliency Update Commission.  In 2020 he was appointed by Governor Ralph Northam to serve on the Virginia Coal and Energy Commission.  
 
Jaffe graduated from Yale University with a B.A. in American studies. He earned his J.D. and an M.A. in legal history from the University of Virginia. While a student at Virginia, he served as editor-in-chief of the Virginia Environmental Law Journal, and was a member of the Order of the Coif and the Raven Society. After graduation, he clerked for Judge Norman K. Moon of the U.S. District Court for the Western District of Virginia and Judge Roger L. Gregory of the U.S. Court of Appeals for the Fourth Circuit.

Education

  • J.D.
    University of Virginia School of Law
    2001
  • M.A.
    University of Virginia
    2001
  • B.A.
    Yale University
    1995

Book Chapters

EPA’s Nondiscretionary Duties to Act under Section 115 (with Michael A. Livermore), in Combating Climate Change with Section 115 of the Clean Air Act: Law and Policy Rationales, Edward Elgar, 192–206 (2020).

Articles & Reviews

Environmental Law Education—Preparing for Environmental Practice (with Helen Kang & Hari Osofsky), 46 Vermont Law Journal 604–641 (2022).
Environmental Federalism as Forum Shopping, 44 William & Mary Environmental Law & Policy Review 669–699 (2020).
Melting the Polarization Around Climate Change Politics, 30 Georgetown Environmental Law Review 455–497 (2018).
The Toxic Legacy of Coal Ash on Southeastern Rivers, Waterways, and Reservoirs, 40 William & Mary Environmental Law & Policy Review 557–564 (2016).
Annual Survey of Virginia Law: Environmental Law (with Sean M. Carney), 45 University of Richmond Law Review 287–318 (2010).
Environmental Law (with Sean M. Carney), 45 University of Richmond Law Review 287–318 (2010).
Air in the Balance: Rewriting the Clean Air Act's New Source Review Program, Virginia Lawyer 30–33 (2005).
An Uneasy Rebirth for the Clean Water Act: How Changes in Federal Case Law Impact 'Isolated' Wetlands in South Carolina, South Carolina Lawyer 36–41 (2005).
Obligations Impaired: Justice Jonathan Jasper Wright and the Failure of Reconstruction in South Carolina, 8 Michigan Journal of Race & Law 471–502 (2003).
The Wetlands Commons: What the Virginia Nontidal Wetlands Resources Act of 2000 Says About the Future of Environmental Regulation, 20 Virginia Environmental Law Journal 329–364 (2001).

Reports & Datasets

U.S. Supreme Court Amici Curiae Brief in Michael Sackett, et ux., Petitioners v. Environmental Protection Agency, et al., No. 21-454 (with Marie Callaway Kellner) (2022).
U.S. Supreme Court Amici Curiae Brief in United States Forest Service v. Cowpasture River Preservation Association, No. 18-1584 & 18-1587 (with Douglas Guynn & Phillip D., Payne) (2020).
U.S. Supreme Court Amici Curiae Brief in Atlantic Richfield Company v. Christian, No. 17-1498 (with Andrew Gorder, Derf Johnson & Roger Sullivan) (2019).
U.S. Supreme Court Amici Curiae Brief in County of Maui v. Hawaii Wildlife Fund, No. 18-260 (with Leon C. Harmon & Jason Pearcy) (2019).
U.S. Supreme Court Amici Curiae Brief in Virginia Uranium v. Warren, No. 16-1275 (with Anthony F. Troy) (2018).

Op-Eds, Blogs, Shorter Works

Pledge to Keep Listening: The Role of Legal Ethics in Environmental Justice Advocacy, 54 American Bar Association Trends 13 (January 3, 2023).
Who Will Be Virginia's Climate Governor?, Washington Post C4 (June 20, 2021).
Federalism and Environmental Advocacy, The Regulatory Review (July 23, 2020).
Virginia’s Uranium Mining Battle Flips Traditional Views of Federal and State Power, Conversation (January 11, 2019).
Trump Just Made Life Harder for Business—And All of Us, Richmond Times-Dispatch 3E (October 14, 2017).
Record Belies Critics of Environmental Rules, Environmental Forum 49 (August 9, 2017).
Environmentalists Must Reach Out to the GOP, Virginian-Pilot (October 2, 2016).

IN THE NEWS

02/01/2023
Amazon Noise Enforcement Proposal Raises Thorny Legal Issues (Fauquier Times)
01/03/2023
Pledge To Keep Listening: The Role of Legal Ethics in Environmental Justice Advocacy (American Bar Association)
10/25/2022
Court NEPA Fight Over Black School May Shape Energy Projects (E&E News)
10/24/2022
The Clean Water Act at 50: New Challenges Around the Bend (UVA Engagement)
09/28/2022
Advocates Want Guarantee Dominion’s Offshore Wind Project Will Live Up to Its Promise (Energy News Network)
08/29/2022
Not So Fast: Manchin’s Deal to Speed Permitting Is Not a Done Deal (Hart Energy)
08/14/2022
Sen. Joe Manchin’s Maneuvers for Mountain Valley Pipeline not Necessarily Certain To Succeed (The Roanoke Times)
06/30/2022
Supreme Court Reins in EPA’s Power Over Greenhouse Gas Emissions (West Virginia Record)
06/27/2022
The Supreme Court Might Throw a Big Wrench in the EPA’s Attempt to Fight Climate Change (Grid)
05/16/2022
What’s ‘Reasonable and Prudent’ When It Comes to Dominion Offshore Wind Project’s Costs? (Virginia Mercury)
01/22/2022
Editorial: Slow Down, Governor Youngkin (The Free Lance-Star)
01/06/2022
Virginia Democrats Aim to Block Trump’s E.P.A. Chief From State Agency (The New York Times)
12/10/2021
December Climate Leader: Cale Jaffe (Community Climate Collaborative)
12/09/2021
Va. Governor-Elect Vows To Exit Cap-and-Trade Program (E&E News)
12/08/2021
Youngkin Says He Will Take Virginia out of the Regional Greenhouse Gas Initiative To Save Ratepayers Money (The Washington Post)
12/08/2021
Youngkin Pledges To Pull Virginia From Carbon Market by Executive Order (Virginia Mercury)
11/11/2021
Despite GOP Gains in Virginia, the State’s Landmark Clean Energy Law Will Be Hard to Derail (Inside Climate News)
11/09/2021
Virginia GOP Targets Clean Energy Law, But Options for Rollback are Limited (Energy News Network)
10/04/2021
Could Fossil Fuel Companies Ever Be Tried for Crimes Against Humanity? (Gizmodo)
06/18/2021
Opinion: Who Will Be Virginia’s Climate Governor? (The Washington Post)
05/05/2021
GOP United in Ire Over Energy Law in Va. Governor’s Race (E&E News)
09/24/2020
Climate Change, Overcoming Partisanship, & Joe Biden’s Climate Plan (By Request) (The 101 Policy Corner)
09/21/2020
How the Loss of Ginsburg Will Affect the Term Ahead (E&E News)
07/31/2020
Judge Rules Against Virginia Uranium’s ‘One Last Effort’ To Mine Chatham Deposit (Danville Register & Bee)
07/23/2020
Federalism and Environmental Advocacy (The Regulatory Review)
06/30/2020
Season 2 Episode 2: Power Wears Many Disguises (The Meaning of Green)
06/25/2020
The Supreme Court Approved More Drilling Under the AT (Outside)
06/18/2020
‘Desperate’ To Get Natural Gas Out Of Appalachia, Pipeline Builders Face Long Battle Even After Supreme Court Victory (Forbes)
06/16/2020
Pipeline Wins Appalachian Trail battle But May Lose War (E&E News)
04/21/2020
High Court Opens Can Of Worms With Superfund Ruling (Law360)
03/17/2020
Va.’s 100% Clean Energy Shift: Part of a ‘Bigger Wave’? (E&E News)
03/05/2020
The Wise County Coal Plant Should Never Have Been Built. Why Fight To Keep It Open? (Virginia Mercury)
02/21/2020
The AT and the ACP: a Case for the Supreme Court (WVTF Radio)
02/18/2020
Georgetown’s Decision to Divest from Fossil Fuels Has Uncertain Implications for Harvard, Experts Say (The Harvard Crimson)
02/15/2020
Clean Economy Act Would Bring Changes to Virginia's Electric Utilities (The Roanoke Times)
01/28/2020
Trump’s New Water Rule: What It Means for Mines and Pollution (The Christian Science Monitor)
01/23/2020
Episode 7 The Meaning of Green: Renewables and Nuclear Power: There is No Free Lunch (The Meaning of Green)
12/11/2019
ABA Rules Could be a Climate Activist’s Sword (Environmental Law Institute)
11/25/2019
The Clean Water Act Might Just Survive This Latest Attack (The Regulatory Review)
11/22/2019
Following Supreme Court Ruling, Battle Over Uranium Mining Going to Virginia Trial in February (Danville Register & Bee)
11/05/2019
5 Things To Know About Tomorrow's Supreme Court Face-Off (GreenWire)
10/30/2019
Clean Water Case at Supreme Court Could Have Ripple Effects Across Country (Earthjustice)
10/14/2019
ACP Opponents Headed to Supreme Court (WVTF Radio)
08/13/2019
Attorney Ethics Rules: Another Climate Law Frontier? (E&E News)
07/17/2019
What Have Eco Non-Profits Got Wrong? With Cale Jaffe (The Bad Environmentalist)
06/18/2019
The Supreme Court’s Virginia Uranium Ruling Hints at the Limits of Federal Power (The Conversation)
06/18/2019
Lawyers React to Supreme Court's Ruling on Uranium Mining in Virginia (WVFT Radio)
06/18/2019
Will It Stay or Will It Go? After Court Ruling, Fate of Dominion’s James River Transmission Line Is Uncertain (Virginia Mercury)
06/18/2019
Cale Jaffe on Supreme Court Uranium Case (Knowledge@Wharton)
06/17/2019
As Uranium Mining Ban Upheld by Highest Court in the Land, Company President Vows To Continue Fight (Danville Register & Bee)
04/15/2019
New EPA Rule Poses Greatest Threat to the Clean Water Act in a Generation (Darden School of Business)
02/14/2019
The Green New Deal Is Impractical, But ‘Practical’ Solutions Haven’t Worked Either (FiveThirtyEight)
01/26/2019
Appeals Court Set To Review FERC’s Approval of the Mountain Valley Pipeline (The Roanoke Times)
01/11/2019
Virginia’s Uranium Mining Battle Flips Traditional Views of Federal and State Power (The Conversation)
11/10/2018
Uranium Mining Ban Supporters Cautiously Optimistic (Danville Register & Bee)
11/05/2018
Virginia’s 36-year-old Uranium Mining Ban is on the Supreme Court’s Docket Today (The Virginia Mercury)
11/03/2018
Supreme Decision: In Multi-Faceted Case that Defies Political Stereotypes, Highest Court in Land To Hear Arguments on Uranium Mining Moratorium (Danville Register & Bee)
10/31/2018
A Virginia Farmer Fights to Harvest His Uranium (Bloomberg Quint)
09/15/2018
Apropos Of Something: Why Women Get Self-Defensive & Upholding States’ Environmental Protections (WPVC Radio)
05/21/2018
Supreme Court To Hear VUI Lawsuit Aiming To Overturn Mining Ban (SoVaNow.com)
04/27/2018
What Lies Upstream (UVA Food Collaborative)
04/15/2018
Cale Jaffe: Candid Discussion Needed on Gun Safety Regulation (The Virginian-Pilot)
03/16/2018
The Global Water Initiative Team (UVA Darden School of Business)
10/14/2017
Cale Jaffe Column: Trump Just Made Life Harder for Business — And All of Us (Richmond Times-Dispatch)
09/29/2017
New Book Seeks to Revive Debate Over Energy Company Relationships With Policymakers (Southeast Energy News)
09/18/2017
Virginia Regulators Reject Utility’s 100% Renewable Energy Plan (Southeast Energy News)
08/19/2017
Fear, Resolve and More Security at Charlottesville’s Temple (AP News)
08/09/2017
Record Belies Critics of Environmental Rules (The Environmental Forum)
06/10/2017
Apropos Of Something: Trump & Pruitt's Heated Agenda; Living a Transgender Life (Charlottesville Podcasting Network)
06/02/2017
Law Professors Say Trump's Rollback Creates Uncertainty (E&E News)
05/11/2017
Trump's Disdain for Environmental Regulations Stems From His Misunderstanding (Slate)
04/21/2017
Experts Examine Flint Water Tragedy, US Infrastructure Crisis (The Darden Report)
03/18/2017
Environmental Group Wants Pipeline Compressor Approval Overturned (The News Virginian)
02/08/2017
Cale Jaffe Column: Trump Might Be Creating an Opportunity for Environmentalists (Richmond Times-Dispatch)
11/15/2016
With EPA Pick, Trump Is Swimming in the Swamp (The Washington Post)
11/14/2016
Major Companies Call for More Renewable Energy Options in Virginia (Richmond Times-Dispatch)
10/02/2016
Environmentalists Must Reach Out to the GOP (The Virginian-Pilot)
09/18/2016
Native American Student Union Joins Efforts Opposing Crude Oil Pipeline (The Cavalier Daily)
07/25/2016
Kaine Created Climate Commission and Welcomed Coal as Va. Governor (ClimateWire)
07/24/2016
That Time Tim Kaine Went to Bat for Big Coal (BuzzFeed)
08/28/2015
Water Rule’s Impact on Virginia may be Minimal (Richmond Times-Dispatch)
07/05/2015
Energy Rules Have Virginia Weighing New Nuclear Reactor at North Anna (Richmond Times-Dispatch)
04/24/2015
In Virginia, Signing on to Earth Day (Norfolk Virginian-Pilot)
02/26/2015
Being Energy Efficient in Virginia has Benefits for its Residents (The Washington Post)
11/29/2014
Discussion on EPA Proposal Continues with Rallies in Richmond (WVTF)
09/10/2014
McAuliffe Defends Pipeline Support at Climate-Change Meeting (The Washington Post)
03/09/2013
Gov. McDonnell, Respect the Uranium Mining Moratorium (Richmond Times-Dispatch)
02/01/2013
Va. Keeps Ban on Mining of Uranium (The Wall Street Journal)
01/14/2013
Uranium Deposit Spurs Spat (The Washington Post)
12/19/2012
For McDonnell, Uranium Issue Political and Personal (Richmond Times-Dispatch)
12/09/2012
Sunday Q&A with Cale Jaffe (Richmond Times-Dispatch)
12/06/2012
Environment, Economy, Energy Factors in Debate Over Uranium Mining in Virginia (The Washington Post)
12/19/2011
Uranium Mining Debate in Virginia Takes a Step (The New York Times)
12/01/2011
A Big Uranium Deposit and a Big Debate on Mining It (The New York Times)
01/03/2011
EPA To Enforce New Emission Rules On Power Plants (NPR)
10/24/2010
Efficiency, Not Coal, is the Answer for Virginia (Newport News Daily Press)
01/11/2008
Power Struggle (Living on Earth (PRI))
04/22/2007
Environmental Decisions (Richmond Times-Dispatch)

AT UVA LAW

Accolades: Dean Named to Equal Justice Works Board
Sizing Up the Supreme Court Term
National Trust Designation Boosts Clinic’s Efforts to Save Schoolhouse
Professor Appointed to Virginia Energy Commission
Clinic Joins Fight To Preserve Historic Black Schoolhouse
Students Play Role in Clean Energy Win for Client
From Supreme Court Briefs to Pioneering Projects, Cale Jaffe Leads Environmental Clinic To Success
Clinic Aims To Protect Environment, Teach Students Skills
How UVA Law Fared at the Supreme Court This Term
Clinic Student Plays Lead Role at Regulatory Hearing
Environmental Clinic Brief Defends Virginia’s Uranium Mining Ban
Renewal on Nevada’s Mining Lands
Clinic Represents Sierra Club in Wetlands Case
Environmental Law Clinic Wins Decision to Halt Utility Plan
Cale Jaffe on Trump's Disdain for Environmental Regulations
Environmental Clinic Students Tackle Timely Topics
Professor Cale Jaffe: Trump Might Be Creating an Opportunity for Climate Change Partnership
Environmental Crimes Symposium Will Explore High-Profile Compliance Cases
Environmental Community Must Reach Out to the GOP, Says Professor Cale Jaffe
Alumnus Cale Jaffe '01 to Join Faculty, Direct Environmental and Regulatory Law Clinic
Environmental Law Clinic Puts Student on Front Line of Virginia Uranium Mining Battle
Jaffe '01 Discusses Environmental Defense v. Duke Energy
Sizing Up the Supreme Court Term
Protecting the Environment

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