PUBLICATIONS (book)
Legal Protection of the Environment (with Johnston, Funk) (Thomson/West 2005)
Legal Protection of the Environment (with Johnston, Funk) (Second ed. 2007)
The Control of Air Toxics: Toxicology Motivation and Houston Implications
(with Clements, Fraser, Hamilton, Ledvina, Mathur, Tamhane, and Ward); section
3.2 et seq. (regulation in other states and implications for
PUBLICATIONS (Journal)
Environmental Enforcement in Dire Straits-“There is No Protection for Nothing and No Data for Free,” 85 Notre Dame L. Rev. Issue 2 (forthcoming December 2009)
The History of State Action in the Environmental Realm: A Presumption Against Preemption in Climate Change Law?, for Preemption in Climate Change, 2009 symposium, 1 San Diego J. Climate & Energy L. (forthcoming Summer 2009)
Paving the Legal Path for Carbon Sequestration, 19 Duke Envtl. L. & Pol’y J. (forthcoming Spring 2009)
Act Locally, Affect Globally: Why Local Government is the Best Arena for Engagement and Work with the Private Sector to Control Environmental Harms, for Greening the Corporation, 2007 symposium issue, 35 Boston Coll. Envtl. Aff. L. Rev 455 (2008); (Selected as a finalist for inclusion as one of the best land use and environmental law articles of the year in Journal of Land use and Environmental Law 2009)
The Climate for Climate Change Legislation, 102 Nw. U.L. Rev., 102 Nw. U. L. Rev. Colloquy 123 (2007-08) (reprinted in the Icfai University Journal of Environmental Law; excerpted in Farber, Freeman, and Carlson, Cases and Materials on Environmental Law Supplement (Thomson West 2009); revised and reprinted in Rodgers, Climate Change Reader (2009))
Federal Climate Change Legislation, The Perspective from 2008, 3 Envt’l & Energy L & Pol’y J. 195 (Fall 2008).
Gasping for Breath: The Administrative Flaws of Federal Hazardous Air Pollution Regulation, 34 Ecology Law Quarterly 107 (Spring 2007) (Reprinted as one of the ten best environmental or land use law articles of 2008 in the Journal of Land Use and Environmental Law 2008)
The “Benefits” of Non-Delegation: Using the Non-delegation doctrine to bring Rigor to Benefit-Cost Analysis, 15 William & Mary Bill of Rights Journal 1087 (Spring 2007) (lead article, Vol. 4) (reprinted in Zerbe, Research in Law and Economics, Vol. 23, Elsevier Ltd 2007).
Reforming The Clean Air Act, in CPR for the Environment: Breathing New Life into the Nation’s Major Environmental Statutes (Flournoy, Shudtz, eds. 2007).
Let Us Drink Our Fill, 17 Yale Journal of Law and
Humanities (May 2006) (invited symposium article, The Properties of Carol Rose,
What is the Best Formula to Protect the Environment in Electricity Restructuring?, 1 U. H. Env. & Energy Law & Policy Journal 221 (Spring 2006), invited symposium article.
This Land is Your Land: Our Right to the Environment, 107 W. Va. L. Rev. 1 (Vol. 1), lead article, featured article (October 2004) (Selected as a finalist for inclusion as one of the best land use and environmental law articles of the year in Journal of Land use and Environmental Law 2005) .
Spare the Rod and Spoil the Law: Why the Clean Water
Act has Never Grown Up, 55
Let the People Speak: Notice and Comment-Rulemaking (Lessons from the Controversial New Source Review Proposal of the Clean Air Act), 34 Environmental Law Review (ELR) 10115 (with O’Hear, Verchick, et al.) (2004).
The Enron Story and Environmental Policy, 33 Environmental Law Review (ELR), 10485 (lead article) (2003), reprinted, in Enron: Corporate Fiascos and Legal Implications (Rapoport and Dharan, eds. Foundation press, 2003).
Notice and Comments for Nonprofits, 55
When Torts is More Than a Series of Accidents: Epstein on Torts, 26
"He Should at His Peril Keep It There": How the Common Law Tells us That Risk Based Corrective Action is Wrong, 76 Notre Dame L. Rev. (Vol. 2) lead article 2001 (Selected as a finalist for inclusion as one of the best land use and environmental law articles of the year in Journal of Land use and Environmental Law 2002; selected for reprint in "Specialty Law Digest-Environmental Law 2002")
Saving the Lost Sheep (Bringing Environmental Values Back Into the Fold with a New EPA Decision Making Paradigm), 74 Washington Law Review No.1 (excerpted in Risk Analysis Anthology, forthcoming 2006, McGarity, Shapiro, eds.) (January 1999)
A Dirty River Runs Through It (The Failure of Enforcement in the Clean Water Act), 25 Boston College Environmental Affairs Law Review (Silver Anniversary Edition), p.1(Vol. 1, Fall 1997) (Reprinted as one of the ten best environmental or land use law articles of 1998 in the Journal of Land Use and Environmental Law 1998)
The Effects of State and Local Antidiscrimination Policies for Sexual Orientation, 17 Journal of Policy Analysis and Management, No. 4 (Fall 1998)(co-authored with Marieka Klawitter)
Environmental Contraction for
The Human Environment of the Mind: Correcting NEPA Implementation by Treating Environmental Philosophy and Environmental Risk Allocation as Environmental Values Under NEPA, 46 Hastings Law Journal, p. 85 (Fall 1994) (Selected as a finalist for inclusion as one of the best land use and environmental law articles of the year in Journal of Land use and Environmental Law, 1995)
Should the Circle Be Unbroken: A Review of "Breaking the Vicious Circle," by the Honorable Stephen Breyer, 24 Environmental Law, p. 1707 (Fall 1994)
A Brazen Proposal: Using Zoning and Eminent Domain to Increase the Lower Income Housing Stock, 5 Stanford Law and Policy Review, No. 2, Page 115 (Spring 1994)
OSHA Regulation of Low Exposure Carcinogens: A New Approach to Judicial
Analysis of Scientific Evidence, 14
A Letter to
Diversity, Discrimination, Affirmative Action, and the Gay/ Lesbian Experience, 49 Washington State Bar News, No. 8, p. 21 (August 1995)
Comment, Boeing Co. v. Aetna Casualty & Surety Co., et al., 17
Washington Family Law Deskbook, Ch. 8, supplement, Prenuptial Agreements, Feb. 1991 (co-authored with the Honorable Faye C. Kennedy)
PUBLICATIONS (MEDIA)
“Climate Bill Good First Step in Long and Arduous Trip,” Houston Chronicle op-ed, April 25, 2009 (with Professor Bill Buzbee)
“Palin’s Energy Experience Not Kind We Need,” Houston Chronicle op-ed, September 9, 2009
“Taking Environmental Laws Seriously,
“Energy Policy: Environment Merits Attention,” Houston Chronicle, op-ed, February 2008.
“Air Toxics in
“EPA Should Just Say No to Extension,” Houston Chronicle, op-ed, December 2006.
Using the Non-delegation doctrine to bring Rigor to Benefit-Cost Analysis, working paper for Joint Law and Economics Conference on Improving Benefit Cost Analysis, http://depts.washington.edu/econlaw/papers.php.
The U.S. Constitution and gay marriage, Web streaming video, rebroadcast, for U.S. Constitution Day for the University of Houston, September 2006; September 2007, and September 2008, at http://www.uh.edu/constitutionday/lectures.html.
“Warming to
“Separate But
Equal Now Part of Gay Marriage Debate,” Salt Lake City Tribune, op-ed,
“EPA Lawlessness will Hurt Industry Too,” Houston Chronicle, op-ed,
“Group Call for De-Legalization of Marriage,”interview, Fox News Special Report, October 9, 2003.
“Bush De-Regulation of the Environment,” Houston Chronicle, op-ed, April 13, 2003.
“U.S. Supreme Court Should Reverse Texas Sodomy Law,” Houston Chronicle, op-ed, December 2002.
“Environmental Deregulation Could Cause Problems,” Atlanta Journal Constitution, op-ed, April 2002.