Cale Jaffe

  • Associate Professor of Law, General Faculty
  • Director, Environmental Law and Community Engagement Clinic

Cale Jaffe is director of the Environmental Law and Community Engagement Clinic. 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. He was part of the SELC team that won a unanimous victory before the Supreme Court of the United States in Environmental Defense v. Duke Energy, 549 U.S. 561 (2007), and he has litigated numerous energy-related cases before the Virginia State Corp. Commission. In 2014, Jaffe was appointed by Virginia Governor Terry McAuliffe to serve on the Governor’s Climate Change and Resiliency Update 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

Articles:

"Environmental Federalism as Forum Shopping," 44 Wm. & Mary Envtl. L. & Pol'y Rev. (2020).
SSRN

"Melting the Polarization Around Climate Change Politics," 30 Geo. Int'l Envtl. L. Rev. (2018).
SSRN | HeinOnline (PDF)

"The Toxic Legacy of Coal Ash on Southeastern Rivers, Waterways, and Reservoirs," 40 Wm..& Mary Envtl. L. & Pol’y Rev. 577 (2016).
SSRN | PDF

"Environmental Law" (with Sean M. Carney), 45 U. Rich. L. Rev. 287 (2010). 
LexisNexis

"Air in the Balance: Rewriting the Clean Air Act’s New Source Review Program," 54 Va. Lawyer 30 (Oct. 2005).
PDF

"An Uneasy Rebirth for the Clean Water Act: How Changes in Federal Case Law Impact ‘Isolated’ Wetlands in South Carolina," 16 S.C. Lawyer 36 (Mar. 2005).
Available at: next.westlaw.com 

"Obligations Impaired: Justice Jonathan Jasper Wright and the Failure of Reconstruction in South Carolina," 8 Mich. J. Race & L. (2003).
SSRN

"The Wetlands Commons: What the Virginia Nontidal Wetlands Resources Act of 2000 Says About the Future of Environmental Regulation," 20 Va. Envtl. L.J. 329 (2001).
Link

U.S. Supreme Court Briefs:

United States Forest Service v. Cowpasture River Preservation Association, (2020).
PDF

Atlantic Richfield Co. v. Christian, (2019).
PDF

County of Maui, Hawaii v. Hawaii Wildlife Fund, (2019).
PDF

Virginia Uranium, Inc. v. Warren, (2018).
PDF

IN THE 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

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