VICTOR BYERS FLATT
University of
100 Law Center,
Day: (713) 743-2155; Evening: (713) 922-0392; e-mail: VFlatt@central.uh.edu
EMPLOYMENT
UNIVERSITY OF
A.L. O'Quinn Chair in Environmental Law, July 2002 to present and Director, Center for Environment, Energy, and Natural Resources Law, October 2007-present;; Associate Dean for Academic Affairs (Jan. 2006-Sept. 2006); Co-Professor, Alaska Natives & Environmental Law (with Seattle University), Summer 2005, 2007, 2008, 2009; university homeland security research coordinator 2002-03, university environmental cross-disciplinary work group – Strategic Energy Alliance, Environmental & Energy Law & Policy Journal, faculty editor; Environmental Law Society advisor; OUTLAW advisor; chair, faculty recruitment committee (2003-04);member, Testing Development and Research Committee of the Law School Admissions Council 2003-2005; Chair, AALS Teaching Methods Section (2006-07); member Scholar, Center for Progressive Reform, 2003-present; elected member of American Law Institute in December 2003; reviewer, Journal of Land Use and Environmental Law, 1996-present; member of Greater Houston Partnership Carbon Trading Task Force (2008-09); attorney of record for Congressional amici Clinton, Boxer, Kerry, Jeffords, Leahy, Lautenberg, in New York v. EPA, 443 F.3d 880 (D.C. Cir. 2006).
UNIVERSITY OF
Tom & Elizabeth Taft Distinguished Visiting Professor in Environmental Law, Fall 2008
Visiting Professor, Spring 2007
Distinguished Visiting Professor of Law/Marine Affairs, 2004-05
July 1995 to July 2002; Professor of Law (univ. benefits committee, univ. re-accreditation comm., admissions committee, curriculum comm., env. law society advisor); Research Emphasis - environmental and administrative law and policy ;Selected as Judicial Fellow, U.S. Supreme Court, 1995-96; Reviewer, Journal of Land Use and Environmental Law, 1996 -2002; member GLBT section of the Law School Admissions Council
UNIVERSITY OF GEORGIA SCHOOL OF LAW
Visiting Professor of Law, Spring 2002
ENVIRONMENTAL PARTNERS
May 1998 to present, Professor of Environmental Law - U.S. Army Corps of Engineers PROSPECT Training Program
THE UNIVERSITY OF WASHINGTON
Summer 2000-summer 2003, Visiting Professor of Law, teaching administrative law
Fall 2001, Visiting Professor of Law
THE
Summer 1997, 1998, 1999; Joint appointment, Visiting Associate Professor, teaching Administrative Law/ Law of Public Administration
THE UNIVERSITY OF WASHINGTON GRADUATE SCHOOL OF PUBLIC AFFAIRS
June 1993- July 1995; Acting Assistant Professor, Law and Public Policy; Research emphasis - environmental and administrative law and policy, sexual orientation law, quantitative analysis (adjunct professor 1992-93); 1993-1994 Teaching Excellence Award
THE HONORABLE DANNY BOGGS,
August 1988 - August 1989; Law Clerk, research and drafting of legal opinions in all major areas of federal law, including federal agencies, constitutional law, contracts and environmental law.
THE HONORABLE FAYE C. KENNEDY,
Dec. 1990 - June 1993; Attorney, Law Clerk; research and drafting of legal opinions including areas of administrative law, land use, environmental law, and criminal law
HILLIS CLARK MARTIN & PETERSON Seattle, WA
August 1989 to December 1990; Associate Attorney; research and writing, permit application and legislative drafting in the areas of land use and environmental law including NEPA, SEPA, RCRA, CERCLA, the Clean Air Act and Clean Water Act and local administrative law practice
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; reprinted in Popper and McKee, Administrative Law: A Contemporary Approach (Thomson/West 2009)).
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 Seattle Univ. L. Rev. (torts symposium - invited contribution) (2001)
"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 (January 1999) (excerpted in Risk Analysis Anthology, 2006, McGarity, Shapiro, eds.)
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) (Selected as Law Review Nugget, in ABA Natural Resource and Environmental Law Journal, Winter 1996)
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) (Reprinted at 1995 Zoning and Planning Law Handbook)
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 Environmental and Land-Use Law Newsletter, No. 1 (co-authored with Linda J. Mason)
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 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.
“Warming to
The U.S. Constitution and gay marriage, Web streaming video, for U.S. Constitution Day for the University of Houston, September 2005-present: accessed at www.uh.edu/admin/media/constitutionday; rebroadcast, September 2006, September 2007, September 2008.
“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.
PRESENTATIONS AND LECTURES
“GHG Risk Management and Opportunities,” (forthcoming June 2009,
“Carbon Counting,” (forthcoming May 2009,
“Climate Change Legislation and Opportunities for
“Should the Federal Government Pre-empt in Climate Change Legislation?” First annual Climate and Energy Law Symposium, San Diego Energy and Climate Review, San Diego, CA, February 20, 2009.
“Environmental Ethics: An Academic
Perspective,”
“Overruled:
“Developments in Climate Change and Environmental Law,”
“The Future Environmental Agenda: Environmental Law and
Policy Questions Facing the Next Administration,” Duke Environmental Law &
Policy Forum, symposium,
“The Benefits of Early Action on Climate Change (at Texas Changing Economic Climate)”, sponsored by EDF and British Consulate, Texas Capitol, Austin, TX, January 30, 2009.
“
“
“Energy Policy for the Next Administration,”
“Environmental Law Policy Point-Counterpoint,” Texas
Environmental Law super-conference,
“Act Locally, Affect Globally,” Boehl
Distinguished Lecture,
“The Present and
Future of CO2 Trading at the
“The Current State of U.S. Climate Change Legislation,” Environmental & Energy Law & Policy Journal, symposium, Feb. 11, 2008.
“Climate Change Legislation, a Preview,”
“Reforming Hazardous Air Pollutant Controls,”
“The Economics and Politics of Energy:
“Act Locally, Affect Globally,”
“Environmental Regulation and the Future,” American Constitution Society
Lecture Series,
“Renewable Energy Regulations and New Climate Change Legislation,”
“New Source Review under the Clean Air Act,” 2007 Southeastern Association
of Law Schools Meeting,
“
“Climate Change
Legislation in the
“Prospective Climate Change Legislation,” International Association of
Energy Economists,
“How to Solve Urban Air Toxics Problem,” Georgia State University School of Public Policy and College of Law Urban Environment Speaker Series, November 2006, Atlanta, GA.
“Federal Regulation of Air Toxics: What We Can Learn From the States,” University of Arizona, Rogers College of Law, Faculty Enrichment Forum, October 2006, Tucson, AZ.
“Using the Non-delegation Doctrine to Bring Rigor to Benefit-Cost Analysis,”
paper presented at the
“Graduation and the Challenges of Moral and Ethical Thought,” presentation, University of Houston Law Center graduation, May 12, 2006.
“Public Perceptions and Attitudes on Climate Change,” Moderator and presenter, Joint US/UK Conference on Climate Change, London, U.K., April 4, 2006.
“Law School Exam Grading and Preparation for Class,” presentation and discussion, Houston Bar Association Joint Faculty Meeting, Thurgood Marshall School of Law, April 2006.
“Rumsfeld v. FAIR and the UHLC response,” OUTLAW presentation, University of Houston Law Center, April 2006.
“Rethinking Federal Air Toxics Regulation,” Presentation and Discussion,
“Military Recruitment on College Campuses (Rumsfeld v. FAIR),” Stonewall Bar Association, CLE, January 2006.
“Environmental and Natural Resource Lessons from Water
Use,” presentation and discussion,
“The U.S. Constitution and gay marriage,” Web streaming video, for U.S.
Constitution Day for the
“The problems and
Challenges of Ozone Control in the Clean Air Act,” Presentation, in
“Empirical Research in Environmental Law,” Presentation, University of
“Public/Private Partnerships,” presentation and work group, in Climate
Change, Extreme Events, and
“
“Brown v. Board of Education at 50: Separate But Equal and Gay Marriage,”
Presentation and Discussion,
“Our Right to The Environment,” Presentation,
“The New Source Review Proposal of the Clean Air Act,” Presentation,
“
“Risk Based Corrective Action,” Presentation, International Society of
Toxicologists,
"Anti-Discrimination Policies and the
"Valuing Environmental Risk Allocation and Philosophy," Presentation, Red Clay Conference, University of Georgia School of Law, April 2002.
"Anti-Discrimination Policies and the Atlanta Human Rights Ordinance," Presentation, University of Georgia School of Law, February 2002.
"The Klamath Irrigation District and The Endangered
Species Act," Presentation,
"Recruiting Beyond Your Comfort Zone," Presentation, Law School Admissions Council Annual Meeting, Phoenix, AZ, June 2001.
"Recruiting GLBT students to law school," Presentation, Law School Admissions Council Annual Meeting, Vancouver, BC, June 2000.
"Bringing the Practical into the Classroom." Presentation, Institute for Law School Teaching, 6th annual conference, Fresh Looks at Teaching and Learning Law, June 11, 1999, Spokane, WA.
Environmental Law week long mini-course for the U.S. Army Corps of Engineers, member of Environmental Partners teaching team, Cincinnati, Portland Or., Annapolis, MD, and Huntsville, Al., Summer, 1998 and 1999.
A Dirty River Runs Through It (The Failure of
Enforcement in the Clean Water Act), Paper and Presentation, Association of
Anti-discrimination Laws and Earnings of Same-Sex Couples , Paper and Presentation, Association of Public Policy and Management Conference, Annual Meeting, Chicago, IL, October 1994
The Valuation of Environmental Risk Allocation and Environmental
Philosophy Under NEPA, Paper and Presentation, The
Western Economic Conference in
"The Ethics of an Environmental Audit."
Presentation, Red Clay Conference, University of
"The need for ENDA." Presentation,
"Environmental Law in the Context of Environmental
Geology," Guest lecture,
"The
"Public Decisionmaking and the Snoqualmie Falls Hydroelectric Project Issue: Native American Sacred Site or Renewable Energy Resource," moderator, Snoqualmie Falls, WA, February 1995
"American Administrative Law and Public Policy."
Lecture,
"Scientific Uncertainty and Global Warming." Lecture and Panel Discussion, Sea-Grant Conference on the Environment, July 1994
"Putting EPA Into a Current Context." Lecture and Panel Discussion, EPA Region X Management Retreat, May 1994; Region X in-house Training, August 1994
"Gay and Lesbian Careers: Trends in the Workplace." Lecture and Panel Discussion, University of Washington School of Business, May 1994
"Valuation of Environmental Philosophy."
Lecture,
"Government Use of Economics in the
Environment." Guest Lecture,
"Application of Administrative Law to the Provision
of Public Services." Guest Lecture,
"The Growth Management Act and Environmental Law in
"A Brazen Proposal." Lecture, Fall
Faculty Colloquium Series,
"Environmental Law for the Non-Environmental
Attorney." Continuing Legal Education moderator and featured
speaker, sponsored by Washington State Bar Association,
"Scientific Uncertainty in the Administration of the
"Problems and Uncertainty in Environmental
Cost-Benefit Analysis." Lecture, University of
"The Effects of 'Outing' on Sexual Orientation Equal
Protection Analysis." Lecture,
EDUCATION
NORTHWESTERN UNIVERSITY SCHOOL OF LAW Chicago, IL
J.D., Cum Laude ;Order of the Coif
John Henry Wigmore Scholar (Full Academic Scholarship)
Dean's List (all semesters)
National Lesbian and Gay Law Students Association,
Co-founder and former director
Miner Moot Court Board, tabulations chairperson
Northwestern Law Lesbian and Gay Alliance, co-chair
Alumni Relations Committee, chair
Wigmore Follies
Research assistant for International Law
VANDERBILT UNIVERSITY Nashville, TN
B.A., Chemistry and Mathematics, Magna Cum Laude
Harold Stirling Vanderbilt Scholar (Full Academic Scholarship)
Phi Beta Kappa
Mortar Board (service and academic honorary)
Omicron Delta Kappa (leadership honorary)
Who's Who Among
Phi Lambda Upsilon (lifetime chemistry honorary)
Honors Research Program (Organometallics)
Mathematics Club, vice-president
Lotus Eaters (sophomore academic honorary), president
Vanderbilt University Concert Choir, treasurer
Varsity College Bowl
Vanderbilt University Theatre
COMMUNITY SERVICE
Greater Houston Partnership, Carbon Trading Task Force, 2008-09
AALS Teaching Methods Section Board and Officer 2002-present, Chair 2006-07
LSAC Test Development and Research Committee, 2003-05
LSAC Gay, Bisexual, and Transgendered Sub-Committee, 2000-05
Lambda Legal Defense and Education Fund, National Board of Directors, 1999-2004
Stonewall Bar Association of
Lesbian and Gay Law Association of Puget Sound, co-founder, co-chair, liaison to Washington State Bard Association, 1991-1995