Is climate change a hoax? When in doubt, conventional wisdom dictates we best consult the experts – luckily Omahans don’t have to search far...

As a beacon of law and order, Prof. Joshua Fershée has had decades of experience, not only teaching, but researching, writing, lecturing and proposing “the laws of energy,” among his numerous, varied endeavors.

Dean of Creighton University School of Law, Fershée is among a series of lawyers being profiled by the Omaha Daily Record as a tribute to the legal profession and rule of law.

“People who call climate change a hoax are missing the point,” he said, offering the following as proof.

“Every major part of government and industry has acknowledged that climate change is real and has made plans to address the risks and challenges that are impacting and will impact our world. From the military to actuaries in insurance companies, there are issues that will need to be addressed,” he countered. 

“However, regardless of one’s belief in the cause of the issues, such as flooding, wildfires, and more intense storms, we have no choice but to respond to our current reality. There are legitimate discussions to have about how to address the risks, how we use our resources (financial and otherwise), and whom we task with the response, but we cannot ignore the impacts.” 

Yet, Fershée still has faith in humanity, despite some dire predictions.

“I do not believe that we are past a tipping point in the sense that we’re all doomed,” he said. “We’re not. People are resilient and capable of achieving great things in challenging circumstances. We are going to have face some significant global challenges that perhaps could have been avoided or better mitigated, but we’ll get through them. If we act with more urgency, we can make things easier (and likely less costly in the long run), but I have great faith that we will figure it out eventually. 

Citing the environmental impact of fossil fuels as evidence, along with the recent pushback on renewable energy, how then does he propose to give “power” to the people – not as in “right on,” but light on.

“The reality is that we have, and will continue to have, a diverse fuel mix that powers our world, and that will include fossil fuels for the foreseeable future,” he said.

“At the same time, there remains an urgent need to transition toward cleaner energy sources – not only to mitigate environmental harm but also to expand energy access globally. There are an estimated 1.1 billion people around the globe who are energy poor, and any viable energy strategy must prioritize access, sustainability, and affordability.”

“The best way forward,” he explains, “is a pragmatic, inclusive approach that recognizes regional differences in energy needs and resources.

“This means continuing to support innovation in and investment in renewables. In addition, we must use transitional fuels like natural gas and other lower-emission fossil fuels to facilitate a transition to renewable energy sources. Carbon capture and storage (CCS) technologies will hopefully be a part of this process to reduce emissions from existing fossil fuel infrastructure. 

“Beyond that, decentralized and distributed generation, like off-grid and micro-grid systems powered by renewables, can bring electricity to remote and underserved communities, helping to close the energy poverty gap without relying on large-scale fossil fuel development,” he added.

His counsel: Take a more macro view…

“Ultimately, powering society sustainably is not about choosing one energy source over another – it’s about building a resilient, equitable, and forward-looking energy system that meets the needs of both people and the planet,” he said.

Here is just a glimpse into the trajectory of his career:

Fershée earned a bachelor’s degree in social science from Michigan State University in 1995. Delving into public relations and media outreach in Washington, D.C. and Los Angeles, he then attended Tulane University School of Law, graduating magna cum laude in 2003, and serving as editor-in-chief of the Tulane Law Review. He then worked in private practice at Davis Polk & Wardell in New York and Hogan & Hartson, LLP, in Washington, D.C., before joining the legal academy.

Fershée joined the faculty of the University of North Dakota School of Law in 2007, and later served as associate dean for academic affairs and research. He was awarded the North Dakota Spirit Faculty Achievement Award in 2010 for significant contributions in teaching, research, and service.

Fershee then moved to West Virginia University College of Law, where he later became associate dean for faculty research and development and professor of law. While at WVU, Fershée facilitated creation of the law school’s first LL.M. Program in Energy and Sustainable Development and was a co-investigator on a $1.2 million grant to advance science and engineering for localized gas utilization.

He also headed the Economic and Community Development Group and was a faculty researcher in the Center for Innovation in Gas Research and Utilization, a multidisciplinary center housed in West Virginia University’s Statler College of Engineering and Mineral Resources, and was awarded the 2014-15 Outstanding Faculty Award by the West Virginia Law Review at West Virginia University College of Law.

He has written more than 30 law review articles, published several book chapters, and authored two casebooks. His research has appeared in a variety of journals, including the “Harvard Journal on Legislation,” “Harvard Business Law Review Online,” “William and Mary Environmental Law and Policy Review,” and the “Energy Law Journal,” recently contributing a book chapter published by Oxford University Press.

Publications include “Energy Law, A Context and Practice Casebook” (Carolina Academic Press), co-author “Unincorporated Business Entities” (LexisNexis, 5th ed.) and his most recent article, “An LLC by Any Other Name Is Still Not a Corporation,” 54 Seton Hall L. Rev. 1105 (2024) (with Samantha Prince).

Further testimony …

• Why Law: I was a terrible undergraduate student (it took me 7 years start to finish) and always felt like I had unfinished business as a student. I was not sure what I would do for graduate or professional school, but five years after college, my wife decided she wanted to go to law school. I was mostly just supporting her until she said, “Why don’t you take the LSAT?” Not long after that, we decided, as a married couple, to go to law school.

• Special Interest: Business and Energy Law. I loved my Business Associations class in law school, so I thought that’s what I wanted to do, but it turned out there was not enough writing in mergers and acquisitions practice. I ended up moving to a regulatory practice in Washington, D.C., where I was in the energy group. I was able to work on traditional and renewable energy projects, climate change regulation, and a host of other interesting projects.

• Why Academia: After a not-so-great experience as an undergraduate, I loved law school, and I found out I was good at it. In my second year, I was on law review, and I loved the research and writing.  At that point I knew that, if the opportunity was there, I wanted to be a law professor.

• Curriculum: I have taught many courses. I teach Environmental Law each year, and I have taught Business Associations and Land Use Law while at Creighton. I have also taught the following courses: Analytical Methods for Lawyers, Business Organizations, Energy Law Survey, The Energy Business: Law & Strategy, International Trade, Energy and Cyber Security, Hydraulic Fracturing Seminar, Energy Law and Practice, Issues in Energy Law Seminar, Sports Law, Labor & Employment Law, Property II, Legal Research, Writing & Analysis and Business Planning.

• As A Student: When I was in law school, we were using computers for research and writing, but we still learned initially from books. All of my exams were handwritten, as were most of the exams, even though we could use a computer. Today everything is done on a computer, including the bar exam.

• Valuable Lessons: I think the most important thing I learned in law school is the need for precision. Even something carefully thought out can be interpreted in multiple ways if you are not precise. Law school taught me that, and also gave me the tools to both assess and correct potential problems.

• Words Of Wisdom: I hope students learn that an adversary is not inherently an enemy. It is possible to be an excellent advocate and lawyer while remaining kind, empathetic, and caring. 

• Justice Served: Lawyers, first and foremost, are responsible for upholding the rule of law and checking power. Whether it is between two people, two companies, or multiple organizations and governmental units, lawyers help resolve disputes and find solutions.

• Teachable Moments: The most rewarding part of my job is seeing students learn how to fulfill their dreams. I love seeing the progression of intellectual growth, and the result is seeing our graduates go out and help people.  

• Justice For All: The biggest challenge right now is creating access to justice. Far too many people do not have access to a lawyer to pursue or protect their rights. Often it is financial, but it can also be a geography challenge because of the lack of rural lawyers.

• Lawyerly Advice: Don’t be afraid to be wrong. Learning is about finding out what you don’t know. Do the work, read carefully (and multiple times), and ask questions. You’ll be amazed at your capacity for new things.

• After A Hard Day: I listen to a lot of music. I have a record player in my office, and when I get home I often sit outside and listen to new music and old classics, though I tend to like discovering new things. 

• Change One Thing: Our compensation structure. It often makes us value hours worked over the quality of work.  When people work too much, the quality necessarily diminishes. High-quality work with high output matters, but we need to find ways to maximize performance, not the hours spent performing.

• Legal Climate: On the good side of things, the legal profession is much more diverse (in every sense) than it used to be. Although big firm partnerships are still largely held by men, that is changing, and there're a lot more women and underrepresented groups in law school and practice. On the other hand, there seems to be less mentorship and teaching happening for young lawyers, which is too bad. It is helpful to learn from the thoughtful people who came before us.

• Hidden Qualities: I think I am more competitive than people might think.  

• Presidential Powers: No one is above the law. There are certainly reasons that the president and other public officials need some level of immunity to carry out their roles, but there should always be a limit. There must be a line somewhere.

• We The People: People need to be involved and care about their government. We need people to pay attention and be active by voting and engaging with their government officials. We have a lot more power than we often think, but we need to work together to make things happen.

• Your Inspiration: Lots of people, honestly, but more than anything, my wife and my kids.  I have watched them do such incredible things, and I am so grateful for them. Also, they put up with me, which is kind of remarkable.

• Secret Sauce: My secret sauce is a deep commitment to growth – for everyone around me. I see it as my responsibility to help people move toward the roles and lives they truly desire, even if that means helping them transition out of their current position. I tell our team: if you're not where you want to be, let's create a plan to get you there. I believe that when people feel stuck, they act stuck – and that limits their potential. Creating a culture where people feel supported and free to grow, even if it means growing beyond us, is what unlocks real performance and trust.

• The Appeal: Being a lawyer and a legal educator is a profound privilege – and I am grateful every day for what I get to do. The challenges we face are real and often daunting, but they are far outweighed by the hope and promise I see in our students and graduates. Our students bring fresh perspectives, question the status quo, and push us to grow. They don’t always think the way we do – and that’s part of why I believe in them. I believe in their courage, their creativity, and their commitment to justice. I am confident they will lead us toward a more peaceful and equitable world, and I’m honored to be a small part of helping them on that journey.