BOOKS
(With Daniel R. Mandelker, Arianne M. Aughey, Donald McGillivray & Meinhard Doelle.) NEPA Law and Litigation (2d ed., Thomson Reuters, 2020-23 revs.).
(With William W. Buzbee, Daniel R. Mandelkler, Emily Hammond & Alejandro Camacho.) Environmental Protection: Law and Policy (9th ed. Aspen Publishing, 2023).
(With Mandelker, Daniel R., et al.) NEPA Law and Litigation (2d ed. 2014, rev. 2020.)
(With Levy, Richard E.) Administrative Law: Agency Action in Legal Context (3d ed. 2020).
First edition published in 2010.
Second edition published in 2014.
Modern Public Land Law in a Nutshell (5th ed. 2019).
First edition published in 1995.
Second edition published in 2001.
Third edition published in 2006.
Fourth edition published in 2012 with George Cameron Coggins.
(With Alejandro Camacho.) Reorganizing Government: A Functional and Dimensional Framework (2019).
(With David Markell et al.) Environmental Protection: Law and Policy (8th ed. 2019).
Accompanied by teacher's manual.
Third edition published in 1999.
Fourth edition published in 2003.
Fifth edition published in 2007.
Sixth edition published in 2011.
Seventh edition published in 2015.
(With David Gray, et al.) Stay Ahead of the Pack: Your Comprehensive Guide to the Upper Level Curriculum (2018).
(With Sandra B. Zellmer.) Developing Professional Skills: Environmental Law (2016).
(With LeRoy Paddock & Nicholas S. Bryner). Decision Making in Environmental Law (2016).
(With Levy, Rick.) Statutory Analysis in the Regulatory State. New York: Foundation Press, 2014.
(With Earnhart, Dietrich.) Pollution Limits and Polluters' Efforts to Comply: The Role of Government Monitoring and Enforcement. Stanford, CA: Stanford Economics and Finance, 2011.
(With Coggins, George C.) Public Natural Resources Law. 2nd edition. St. Paul : Thomson/West, 2007.
First edition published in 1991, with supplements.
(With Shapiro, Sidney A.) Risk Regulation at Risk: Restoring a Pragmatic Approach. Stanford, CA : Stanford University Press, 2003.
(With Coggins, George C.) A Proposed Strategy to Prevent Groundwater Contamination in Kansas. Lawrence, KS : University of Kansas, 1986.
LAW REVIEW ARTICLES & CHAPTERS IN BOOKS
In Praise of Dan Mandelker's NEPA Wisdom, 52 Urb. Law. 258 (2023).
Sackett v. EPA: The Supreme Court Delivers Another Massive Blow to Federal Environmental Law, Geo. Wash. L. Rev. On the Docket (May 27, 2023), https://www.gwlr.org/sackett-v-epa-the-court-delivers-another-massive-blow-to-federal-environmental-law.
(With Sandra B. Zellmer.) A Critical 21st Century Role for Public Land Management: Conserving 30% of the Nation’s Lands and Waters Beyond 2030 Conserving 30% of the Nation’s Lands and Waters Beyond 2030, 54 Ariz. State L.J. 1313 (2022).
Protecting the Public Health with the Inflation Reduction Act — Provisions Affecting Climate Change and Its Health Effects, 388 New Engl. J. Med. 84 (2023).
Preview of Sackett v. EPA, Geo. Wash. L. Rev. On the Docket (Nov. 5, 2022), https://www.gwlr.org/preview-of-sackett-v-epa/.
(With Daniel Kim & Keziah Groth-Tuft.) Judicial Review of Scientific Uncertainty in Climate Change Lawsuits: Deferential and Nondeferential Evaluation of Agency Factual and Policy Determinations, 46 Harv. Env’t L. Rev. 367 (2022).
(With Sandra B. Zellmer.) 30 x 30—Conservation and the Multiple-Use Agencies, 68 Found. Nat. Resources & Energy L. Ann. Inst. § 34 (2022).
(With Richard E. Levy.) The New Separation of Powers Formalism and Administrative Adjudication, 90 Geo. Wash. L. Rev. 1088 (2022).
Stratospheric Ozone Protection, in Law of Environmental Protection pt. XVII (Thomson Reuters, 2022).
(With Alejandro E. Camacho.) Structured to Fail: Lessons from the Trump Administration’s Faulty Pandemic Planning and Response, 10 Mich. J. Env’t & Admin. L. 329 (2021).
(With Dave Markell.) Enhancing Environmental Enforcement by Example and Erudition, 36 J. Land Use & Env’t. L. 191 (2021).
(With Barbara Cosens et al.) Governing Complexity: Integrating Science, Governance, and Law to Manage Accelerating Change in the Globalized Commons, 118 Proc. Nat’l Acad. Sci. No. 36 e2102798118 (Sept. 7, 2021), https://www.pnas.org/content/118/36/e2102798118.
(With Jarryd Page.) Adaptive Management and NEPA: How to Reconcile Predictive Assessment in the Face of Uncertainty with Natural Resource Management Flexibility and Success, 46 Harv. Envtl. L. Rev. 121 (2022).
(With Alejandro E. Camacho.) Designing Regulation Across Organizations: Assessing the Functions and Dimensions of Governance, Reg. & Governance (forthcoming 2021).
(With Alejandro E. Camacho.) Structured to Fail: Lessons from the Trump Administration's Faulty Pandemic Planning and Response, 10 Mich. J. Envtl. & Admin. L. (forthcoming 2021).
A Tribute to George Cameron Coggins, Public Lands Maverick, 68 U. Kan. L. Rev. 699 (2020).
(With Hillary M. Hoffman.) The Rocky Road to Energy Dominance: The Executive Branch's Limited Authority to Modify and Revoke Withdrawals of Federal Lands from Mineral Production, 33 Geo. Env’t L. Rev. 173 (2021).
(With David E. Adelman.) Best of ABA Section Environment, Energy, and Resources Law, The Limits of Citizen Environmental Litigation, 38 GPSolo 60 (Jan./Feb. 2021).
(With Richard E. Levy.) Restoring ALJ Independence, 105 Minn. L. Rev. 39 (2020).
(With David L. Markell & Justin Sevier.) An Empirical Assessment of Agency Mechanism Choice, 71 Ala. L. Rev. 1039 (2020).
(With David E. Adelman.) Judicial Ideology as a Check on Executive Power, 81 Ohio St. L.J. 175 (2020).
Shuttered Government, 62 Ariz. L. Rev. 573 (2020).
Swallowing the Rule: The Lucas Background Principles Exception to Takings Liability, 71 Fla. L. Rev. F. 121 (2020).
A Tribute to George Cameron Coggins, Public Lands Maverick, 68 Kan. L. Rev. 699 (2020).
(With Alejandro E. Camacho.) The Trump Card: Tarnishing Planning, Democracy, and the Environment, 50 Envtl. L. Rep. 10281 (2020).
(With Dietrich Earnhart & Donna Ramirez-Harrington.) The Effects of Enforcement Fairness on Environmental Performance, 9 Envtl. Mgmt. & Sustainable Dev. 1 (2020).
(With David E. Adelman.) Reevaluating Environmental Citizen Suits in Theory and Practice, 91 U. Colo. L. Rev. 385 (2020).
Kisor v. Wilkie: A Reprieve for Embattled Administrative State?, Geo. Wash. L. Rev. On the Docket (Oct. 2018 term) (July 3, 2019), https://www.gwlr.org/kisor-v-wilkie-a-reprieve-for-embattled-administrative-state/.
(With Emily Hammond.) The Administrative Law of Regulatory Slop and Strategy, 68 Duke L. J. 1651 (2019).
(With LeRoy C. Paddock et al.) The Impact of Citizen Environmental Science in the United States, 49 Envtl. L. Rep. 10237 (2019).
(With David L. Markell.) Unraveling the Administrative State: Mechanism Choice, Key Actors, and Regulatory Tools, 36 Va. Envtl. L.J. 318 (2018).
(With LeRoy Paddock et al.) Strategies In and Outcomes of Climate Change Litigation in the United States, Nature Climate Change 829 (2018), https://www.nature.com/articles/s41558-018-0240-8.pdf.
(With David Adelman.) Presidential and Judicial Politics in Environmental Litigation, 50 Ariz. St. L.J. 3 (2018).
(With LeRoy Paddock & Sabrina McCormick et al.) The Role of Health in Climate Litigation, 108 Am. J. Pub. Health 52 (2018), https://ajph.aphapublications.org/doi/pdf/10.2105/AJPH.2017.304206.
The Firm Constitutional Foundation and Shaky Political Future of Environmental Cooperative Federalism, in Controversies in American Federalism and Public Policy 132 (Christopher P. Banks ed., 2018).
(With Emily Hammond.) The Fate of The Clean Power Plan in the Trump Era, 11 Carbon & Climate L. Rev. 292 (2017).
(With Emily Hammond.) Agency Behavior and Discretion on Remand, 32 J. Land Use & Envtl. L. 483 (2017).
(With LeRoy C. Paddock & David L. Markell.) Introduction to Volume IV, in Compliance and Enforcement of Environmental Law (LeRoy Paddock, David L. Markell & Nicholas S. Bryner eds., 2017).
Murr v. Wisconsin: The “Whole Parcel” Rule Prevails, At Least in this Regulatory Takings Case, Geo. Wash. L. Rev. On the Docket (June 27, 2017), http://www.gwlr.org/murr-v-wisconsin/.
Management of Federally Owned Grasslands in the Climate Change Era, 26 Kan. J.L. & Pub. Pol’y 324 (2017).
(With David L. Markell & Clare Monteleoni.) Technological Innovation, Data Analytics, and Environmental Enforcement, 44 Ecology L.Q. 41 (2017).
(With Dave Markell.) Dynamic Governance in Theory and Application, Part I, 58 Ariz. L. Rev. 563 (2016).
(With LeRoy C. Paddock.) Introduction, in Decision Making in Environmental Law 1 (LeRoy Paddock, Robert L. Glicksman & Nicholas S. Bryner eds., 2016).
United States Army Corps of Engineers v. Hawkes Co., Inc.: Navigating the Clean Water Act, Geo. Wash. L. Rev. On the Docket (Oct. Term 2015) (June 14, 2016), http://www.gwlr.org/united-states-army-corps-of-engineers-v-hawkes-co-inc/.
(With Camacho, Alex.) "Legal Adaptive Capacity: How Program Goals and Processes Shape Federal Land Adaptation to Climate Change," 87 University of Colorado Law Review 711-826 (2016).
(With Markell, David.) "Next Generation Compliance," 30 Natural Resources & Environment 22 (2016).
(With Kaime, Thoko.) "An International Legal Framework for SE4All: Human Rights and Sustainable Development Law Imperatives," 38 Fordham International Law Journal 1405-1444 (2015).
(With Earnhart, Dietrich.) "Coercive vs. Cooperative Enforcement: Effect of Enforcement Approach on Environmental Management," 42 International Review of Law & Economics 135-146 (2015).
(With Wentz, Jessica A.) "Debunking Revisionist Understandings of Environmental Cooperative Federalism: Collective Action Responses to Air Pollution," in The Law and Policy of Environmental Federalism: A Comparative Analysis, p. 3-27. Ed. by Kalyani Robbins. Cheltenham: Edward Elgar Pub., 2015.
(With Markell, David.) "A Holistic Look at Agency Enforcement," 93 North Carolina Law Review 1-76 (2014).
(With Utzinger, Thomas A.) "EPA's 2013 All Appropriate Inquiries Rulemaking Raises Litigation and Administrative Law Risks," 44 Environmental Law Reporter 10763-10769 (2014).
(With Camacho, Alejandro E.) "Functional Government in 3-D: A Framework for Evaluating Allocations of Government Authority," 51 Harvard Journal on Legislation 19-88 (2014).
(With Cumming, Graeme S.) "Landscape Level Management of Parks, Refuges, and Reserves for Ecosystem Resilience," in Social-Ecological Resilience and Law, p. 63-97. Ed. By Ahjond S. Garmestani and Craig R. Allen. New York: Columbia University Press, 2014.
"Natural Resource Management and Protection," in International Environmental Law: The Practitioner's Guide to the Laws of the Planet, p. 151-178. Ed. by Brett Grosko & Roger R. Martella, Jr. Chicago: ABA Book Pub., 2014.
"Regulatory Safeguards for Accountable Ecosystem Service Markets in Wetlands Development," 62 Kansas Law Review 943-970 (2014).
(With Earnhart, Dietrich.) "The Relative Efficacy of Coercive and Cooperative Enforcement Approaches," in Next Generation Environmental Compliance and Enforcement, p. 79-119. Ed. by LeRoy Paddock and Jessica A. Wentz. Washington, D.C.: Environmental Law Institute, 2014.
"Wilderness Management by the Multiple Use Agencies: What Makes the Forest Service and the Bureau of Land Management Different?," 44 Environmental Law 447-495 (2014).
"Energy Transmission Access Across Wild and Scenic Rivers: Balancing Increased Access to Nontraditional Power Sources with Environmental Protection Policies," 34 Public Land & Resources Law Review 1-47 (2013).
(With Zelmer, Sandra.) "Improving Water Quality: Anti-degradation Policies," 4 The George Washington Journal of Energy and Environmental Law 1-24 (2013).
"The Justifications for Nondegradation Programs in U.S. Environmental Law," in La principe de non-regression en droit de l'environnement. Ed. by Michael Prieur & Gonzalo Sozzo. Brussels: Bruylant, 2012.
"Governance of Public Lands, Public Agencies, and Natural Resources," in The Law of Adaptation to Climate Change: U.S. and International Aspects. Ed. by Michael B. Gerrard and Katrina Fischer Kuh. Chicago: American Bar Association, 2012.
"Solar Energy Development on the Federal Public Lands: Environmental Trade-offs on the Road to a Lower-Carbon Future," 3 San Diego Journal of Climate and Energy Law 107-158 (2011-12).
(With Levy, Richard E.) "Agency Specific Precedents," 89 Texas Law Review 499-581 (2011).
(With Huang, Yee, et al.) "Climate Change and the Puget Sound: Building the Legal Framework for Adaptation," 2 Climate Law 299-344 (2011).
"Environmental Federalism," in Principles of Constitutional Environmental Law. Edited by James R. May. Chicago: ABA Section of Environment, Energy and Resources, 2011.
"Facing Unprecedented Stewardship Challenges: Climate Change and Federal Land Management," in Climate Change: A Reader. Edited by William Rogers. Durham, N.C: Carolina Academic Press, 2011.
(With Zellmer, Sandra and Joel A. Mintz.) "Throwing Caution to the Wind: NEPA and the Deepwater Horizon Blowout," The George Washington Journal of Energy and Environmental Law 62-70 (2011).
"Anatomy of Industry Resistance to Climate Change: A Familiar Litany," in Economic Thought and U.S. Climate Change Policy, p. 83-105. Edited by David M. Driesen. Cambridge, MA : MIT Press, 2010.
"Climate Change Adaptation: A Collective Action Perspective on Federalism Considerations," 40 Environmental Law 1159-1193 (2010).
(With Batzel, Matthew R.) "Science, Politics, Law, and the Arc of the Clean Water Act: The Role of Assumptions in the Adoption of a Pollution Control Landmark," 32 Washington University Journal of Law & Policy 99-138 (2010).
"The Constitution, the Environment, and the Prospect of Enhanced Executive Power," 40 Environmental Law Reporter 11002-11010 (2010).
(With Schroeder, Christopher.) "The Failure of U.S. Climate Change Policy," in Economic Thought and U.S. Climate Change Policy, p. 21-33. Edited by David M. Driesen. Cambridge, MA : MIT Press, 2010.
(Levy, Richard E.) "Access to Courts and Preemption of State Remedies in Collective Action Perspective," 59 Case Western Reserve Law Review 919-954 (2009).
"Ecosystem Resilience to Disruptions Linked to Global Climate Change: An Adaptive Approach to Federal Land Management," 87 Nebraska Law Review 833-892 (2009).
(With Levy, Richard E.) "A Collective Action Perspective on Ceiling Preemption by Federal Environmental Regulation: The Case of Global Climate Change," 102 Northwestern University Law Review 579-648 (2008).
"Balancing Mandate and Discretion in the Institutional Design of Federal Climate Change Policy," 102 Northwestern University Law Review Colloquy 196-214 (2008).
"Bridging Data Gaps Through Modeling and Evaluation of Surrogates: Use of the Best Available Science to Protect Biological Diversity Under the National Forest Management Act," 83 Indiana Law Journal 465-527 (2008).
"Coal-Fired Power Plants, Greenhouse Gases, and State Statutory Substantial Endangerment Provisions: Climate Change Comes to Kansas," 56 University of Kansas Law Review 517-607 (2008).
"Effectiveness of Government Interventions at Inducing Better Environmental Performance: Does Effectiveness Depend on Facility of Firm Characteristics?," 35 Boston College Environmental Affairs Law Review 479-511 (2008).
"Nothing Is Real: Protecting the Regulatory Void Through Federal Preemption by Inaction," 26 Virginia Environmental Law Journal 5-53 (2008).
(With May, James R.) "A Jurisprudence of Ideology," 24 Environmental Forum 22-27 (Jan./Feb. 2007).
(With Earnhart, Dietrich H.) "Depiction of the Regulator-Regulated Entity Relationship in the Chemical Industry: Deterrence-Based v. Cooperative Enforcement," 31 William & Mary Environmental Law & Policy Review 603-660 (2007).
(With Earnhart, Dietrich H.) "The Comparative Effectiveness of Government Interventions on Environmental Performance in the Chemical Industry," 26 Stanford Environmental Law Journal 317-371 (2007).
"Environmental Law," 17 Kansas Annual Review Chapt. 11, Topeka : Kansas Bar Association, 2006.
"From Cooperative to Inoperative Federalism: The Perverse Mutation of Environmental Law and Policy," 41 Wake Forest Law Review 719-803 (2006).
"Global Climate Change and the Risks to Coastal Areas from Hurricanes and Rising Sea Levels: The Costs of Doing Nothing," 52 Loyola Law Review 1127-1199 (2006).
(With May, James R.) "Justice Rehnquist and the Dismantling of Environmental Law," 36 Environmental Law Reporter 10585-10615 (2006).
(With Tarlock, A. Dan.) "Regulation of Hazardous Waste and Protection of Groundwater," Chapt. 8 in Rathkopf's The Law of Zoning & Planning. Edited by Arden H. Rathkopf and Daren A. Rathkopf. St. Paul : Thomson/West, 2005-.
(With Shapiro, Sidney A.) "Improving Regulation Through Incremental Adjustment," 52 University of Kansas Law Review 1179-1248 (2004).
(With Shapiro, Sidney A.) "The APA and the Back-End of Regulation: Procedures for Informal Adjudication," 56 Administrative Law Review 1159-1177 (2004).
"The Value of Agency Forcing Citizen Suits to Enforce Nondiscretionary Duties," 10 Widener Law Review 353-393 (2004).
"Traveling in Opposite Directions: Roadless Area Management under the Clinton and Bush Administrations," 34 Environmental Law 1143-1209 (2004).
"The CEC's Biodiversity Conservation Agenda," in Greening NAFTA: The North American Commission for Environmental Cooperation, p. 57-79. Edited by David L. Markell and John H. Knox. Stanford, CA : Stanford Law & Politics, 2003.
(With Shapiro, Sidney.) "The Missing Perspective," 20 Environmental Forum 43-56 (March/April 2003).
(With Schroeder, Christopher H.) "Chevron, State Farm and the EPA in the Courts of Appeals During the 1990s," 31 Environmental Law Reporter 10371-10412 (2001).
Reprinted in 33 Land Use and Environmental Law Review 327-368 (2002).
(With Levy, Robert E.) "Statutory Interpretation and Constitutional Delegation in American Trucking," 69 United States Law Week 2603 (2001).
Reprinted in 32 Environment Reporter (BNA) 783-788 (2001).
(With McAllister, Stephen R.) "Federal Environmental Law in the 'New' Federalism Era," 30 Environmental Law Reporter 11122-11143 (2000).
(With Shapiro, Sidney A.) "Goals, Instruments, and Environmental Policy Choice," 10 Duke Environmental Law & Policy Forum 297-325 (2000).
"Making A Nuisance of Takings Law," 3 Washington University Journal of Law & Policy 149-194 (2000).
(With Tarlock, A Dan.) "Municipal Regulation of Hazardous Waste," Chapt. 7A in The Law of Zoning and Planning. Edited by Arden H. Rathkopf. New York : Clark Boardman, 1975-.
Updating chapter 7A in release #72 (2000).
(With McAllister, Stephen R.) "State Liability for Environmental Violations: The U.S. Supreme Court's 'New' Federalism," 29 Environmental Law Reporter 10665-10681 (1999).
(With Coggins, George C.) "Wilderness in Context," 76 Denver University Law Review 383-411 (1999).
(With Coggins, George C.) "Hardrock Minerals, Energy Minerals, and Other Resources on the Public Lands: The Evolution of Federal Natural Resources Law," 33 Tulsa Law Journal 765-826 (1998).
(With Alexander, Kristina.) "Wildlife and Habitat Protection," Chapt. 24 in Environmental Law Practice Guide: State and Federal Law. Edited by Michael Gerrard. 2nd edition. New York : M. Bender, 1992-.
(With Coggins, George C.) "Concessions Law and Policy in the National Park System," 74 Denver University Law Review 729-778 (1997).
(With Coggins, George C.) "Evolution of Federal Public Land and Resources Law," Public Land Law, Paper no. 1. Westminster, CO : Rocky Mountain Mineral Law Foundation, 1997.
"Fear and Loathing on the Federal Lands," 45 University of Kansas Law Review 647-670 (1997).
"Hazardous and Toxic Substances," Chapt. II in New Jersey Environmental Law Handbook. 4th edition. Edited by Michael Rodburg, et al. New York : Lowenstein Sandler, 1996.
(With Chapman, Stephen.) "Regulatory Reform and (Breach of) the Contract with America: Improving Environmental Policy or Destroying Environmental Protection," 5 Kansas Journal of Law & Public Policy 9-46 (Winter 1996).
"The Impact of Federal Environmental Protection Laws On Water Allocation," Chapt. 7 in 26th Annual Institute on Planning, Zoning & Eminent Domain. New York : M. Bender, 1996.
Reprinted in 34 Public Land & Resources Law Digest 309 (1997).
"Water Pollution," Chapt. VII in New Jersey Environmental Law Handbook. 4th edition. Edited by Michael Rodburg, et al. New York : Lowenstein Sandler, 1996.
(With Coggins, George C.) "Power, Procedure, and Policy in Federal Land Resources Law: Three Landmark Opinions," 10 Natural Resources & Environment 3-8 (Summer 1995).
(With Coggins, George.) "Public Resources," Chapt. 14 in Environmental Law & Practice: Compliance, Litigation, Forms. Edited by Donald W. Stever & Eliza A. Dolin. Deerfield, IL : Clark Boardman, 1992-1997.
"CERCLA Reauthorization and Natural Resource Damage Recovery," 9 Journal of Natural Resources 7 Environmental Law 313-324 (1994).
"Pollution on the Federal Lands III: Regulation of Solid and Hazardous Waste Management," 13 Stanford Environmental Law Journal 3-77 (1994).
"Pollution on the Federal Lands IV: Liability for Hazardous Waste Disposal," 12 UCLA Journal of Environmental Law & Policy 233-343 (1994).
"Pollution on the Federal Lands I: Air Pollution Law," 12 UCLA Journal of Environmental Law & Policy 1-60 (1993).
"Pollution on the Federal Lands II: Water Pollution Law," 12 UCLA Journal of Environmental Law & Policy 61-118 (1993).
"Watching the River Flow: The Prospects for Improved Interstate Water Pollution Control," 43 Washington University Journal of Urban & Contemporary Law 119-175 (1993).
(With Coggins, George.) "Pollution on the Federal Lands," Chapt. 11 in Public Natural Resources Law. Edited by George C. Coggins. St. Paul : West Group, 1990-.
(With Schroeder, Christopher.) "EPA and the Courts: Twenty Years of Law and Politics," 54 Law and Contemporary Problems 249-309 (Autumn 1991).
Reprinted in 24 Land Use & Environmental Law Review 289-424 (1993).
(With Coggins, George C.) "The Federal Liability Framework of Public Natural Resources Law," Chapt. 7 in Public Natural Resources Law, . Edited by George C. Coggins. St. Paul : West Group, 1990-.
(With Davis, Michael J.) "To the Promised Land: A Century of Wandering and a Final Homeland for the Due Process and Taking Clauses," 68 Oregon Law Review 393-458 (1989).
Reprinted in 22 Land Use & Environmental Law Review 211-276 (1991).
(With Coggins, George C.) "Environmental Assessment," Chapt. 12 in Public Natural Resources Law. Edited by George C. Coggins. St. Paul : West Group, 1990-.
(With Coggins, George C.) "The Administrative Framework of Public Natural Resources Law," Chapt. 6 in Public Natural Resources Law, . Edited by George C. Coggins. St. Paul : West Group, 1990-.
(With Coggins, George C.) "The Constitutional Framework of Public Natural Resources Law," Chapt. 3 in Public Natural Resources Law, . Edited by George C. Coggins. St. Paul : West Group, 1990-.
(With Levy, Robert E.) "Judicial Activism and Restraint in the Supreme Court's Environmental Law Decisions," 42 Vanderbilt Law Review 343-431 (1989).
(With Shapiro, Sidney A.) "Congress, the Supreme Court, and the Quiet Revolution in Administrative Law," 1988 Duke Law Journal 819-878.
"Federal Groundwater Quality Control Law and Policy," in Water Quality Control: Integrating Beneficial Use and Environmental Protection. Ninth Annual Program, June 1-3, 1988, University of Colorado Events Center, Boulder, CO. Boulder, CO : The Center.
"Interstate Compacts for Low-Level Radioactive Waste Disposal: A Mechanism for Excluding Out-of-State Waste," Chapt. 3 in Low-Level Radioactive Waste Regulation: Science, Politics and Fear. Edited by Michael E. Burns. Chelsea, MI : Lewis Publishers, 1988.
"A Retreat from Judicial Activism: The Seventh Circuit and the Environment," 63 Chicago-Kent Law Review 209-253 (1987).
(With Coggins, George C.) "Groundwater Pollution II: An Immodest Proposal for a Strategy to Prevent Future Groundwater Pollution," 35 University of Kansas Law Review 241-333 (1987).
"Hazardous Waste Sites: New Opportunities for Local Control Under Superfund," 10 Zoning and Planning Law Report 137-142 (July-August 1987).
Reprinted in 1988 Zoning and Planning Law Handbook 423.
(With Coggins, George C.) "Groundwater Pollution I: The Problem and the Law," 35 University of Kansas Law Review 75-193 (1986).
"A Guide to Kansas Common Law Action Against Industrial Pollution Sources," 33 University of Kansas Law Review 621-673 (1985).
"Allocating the Cost of Constructing Excess Capacity: 'Who Will Have to Pay for It All,'" 33 University of Kansas Law Review 429-457 (1985).
Reprinted in VIII Public Utilities Law Anthology; Arlington, VA : International Library, 1984-85.
"Federal Preemption and Private Legal Remedies for Pollution," 134 University of Pennsylvania Law Review 127-223 (1985).
(With Coggins, George C.) "Federal Recreational Land Policy: The Rise and Decline of the Land and Water Conservation Fund," 9 Columbia Journal of Environmental Law 125-236 (1984).
BOOK REVIEWS
Review of Environmental Law and Policy, by James Salzman and Barton H. Thompson. 33 Journal of Environmental Quality 2387 (Nov.-Dec. 2004).
OTHER
(With Rayan Sud and Sanjay Patnaik.) How to Reform Federal Permitting to Accelerate Clean Energy Infrastructure: A Nonpartisan Way Forward (Ctr. Regul. & Mkts. at Brookings, 2023).
Fixing What’s Wrong with Environmental Enforcement, Notice & Comment, Yale J. on Regul. (Jan. 12, 2023), https://www.yalejreg.com/nc/symposium-giles-next-generation-compliance-03.
Opinion, How Climate Legislation Protects the Environment and Public Health, The Hill (Dec. 25, 2022, 12:00 PM), https://thehill.com/opinion/energy-environment/3786725-how-climate-legislation-protects-the-environment-and-public-health.
(With Richard E. Levy.) Adjudicating the Future of Agency Adjudication, Admin. & Regul. L. News, Fall 2022, at 5.
Brief of Amicus Curiae Administrative, Constitutional, and Intellectual Property Law Professors Urging Reversal and Supporting Petitioners In 19-1434 & 19-1452, United States v. Arthrex, Inc., 141 S. Ct. 1970 (2021) (Nos. 19-1434, 19-1452 & 19-1458).
Reprinted Reprinted in: 31 Fed. Cir. B.J. 127 (2022).
(With Richard E. Levy.) Addressing Doubts About a Federal Central Panel, Notice & Comment (Feb. 22, 2022), https://www.yalejreg.com/nc/symposium-decisional-independence-07.
(With Richard E. Levy.) Toward a Federal Central Panel for Administrative Adjudication, Notice & Comment (Feb. 14, 2022), https://www.yalejreg.com/nc/symposium-decisional-independence-01.
(With Richard E. Levy.) Opinion, Biden Has the Power to Restore Good Governance, The Hill (Feb. 20, 2021, 2:00PM), https://thehill.com/opinion/white-house/539620-biden-has-the-power-to-restore-good-governance?rl=1.
(With Alan B. Morrison, Dmitry Karshtedt et al.) Who Is an Inferior Office, and Why Does It Matter?, Notice & Comment (Feb. 18, 2021), https://www.yalejreg.com/nc/who-is-an-inferior-office-and-why-does-it-matter-by-alan-b-morrison-robert-l-glicksman-dmitry-karshtedt-mark-a-lemley-joshua-d-sarnoff/.
Opinion, Biden Nominated Deb Haaland to Lead the Department of the Interior. Here Are Five Top Priorities for the Agency, CPRBLOG (Dec.17, 2020), https://progressivereform.org/cpr-blog/biden-nominated-deb-haaland-lead-department-interior-here-are-five-top-priorities-agency/.
(With Alejandro E. Camacho.) Opinion, The Trump Administration’s Latest Unconstitutional Power Grab, Rev. Reg. (Aug. 24, 2020), https://www.theregreview.org/2020/08/24/glicksman-camacho-trump-administration-unconstitutional-power-grab/.
(With Alejandro E. Camacho.) Opinion, The Trump Administration’s Pandemic Response Is Structured to Fail, Reg. Rev. (May 19, 2020), https://www.theregreview.org/2020/05/19/camacho-glicksman-trump-administration-pandemic-response-structured-fail/.
(With Alejandro E. Camacho.) Opinion, Trump is Trying to Cripple the Environment and Democracy, The Hill (Jan. 18, 2020, 1:02PM), https://thehill.com/opinion/energy-environment/478904-trump-is-trying-to-cripple-the-environment-and-democracy.
(With Alejandro E. Camacho.) Opinion, How to Improve Allocations of Regulatory Authority, Reg. Rev. (Oct. 22, 2019), https://www.theregreview.org/2019/10/22/camacho-glicksman-improve-allocations-regulatory-authority/.
(With Alejandro E. Camacho.) A Better Approach to Factoring Federalism Considerations into Regulatory Strategies, Notice & Comment (Oct. 14, 2019), http://yalejreg.com/nc/a-better-approach-to-factoring-federalism-considerations-into-regulatory-strategies-by-alejandro-e-camacho-and-robert-l-glicksman.
(Alejandro Camacho.) Opinion, Trump’s Decision to Hamstring California’s Climate Authority Is Illogical and Uninformed, The Revelator (Oct. 4, 2019), https://therevelator.org/california-auto-emissions/.
(With Alejandro E. Camacho.) Defeat on Offshore Drilling Extends the Trump Administration’s Losing Streak in Court, The Conversation (April 9, 2019, 6:46 AM), https://theconversation.com/a-defeat-on-offshore-drilling-extends-the-trump-administrations-losing-streak-in-court-114893.
Opinion, Trump’s Policies Blasting at the Foundations of Conservation in Public Land Law, The Hill (July 17, 2018, 2:00 PM), http://thehill.com/opinion/energy-environment/397282-trumps-policies-blasting-at-the-foundations-of-conservation-in.
(With Emily Hammond, Richard J. Pierce, Jr., Jonathan Siegel & Alan B. Morrison.) Brief for Administrative Law Scholars as Amicus Curiae Supporting Neither Party, Lucia v. U.S. Sec. & Exch. Comm’n, No. 17-130 (U.S. Feb. 26, 2018).
(With Sabrina McCormick, Samuel J. Simmens, LeRoy C. Paddock, et al.), Science in Litigation, The Third Branch of U.S. Climate Policy, 357 Science 979 (2017).
Trump's Environmental Steamroller Bears Down on National Monuments, CPR Blog (May 1, 2017), http://www.progressivereform.org/CPRBlog.cfm?idBlog=13FE94FA-F7D4-935A-3C895B78AC18B27F.
No, They Don't, Mr. Pruitt, CPR Blog (Mar. 2, 2017), http://www.progressivereform.org/CPRBlog.cfm?idBlog=79445B2B-93A4-889D-DE085A9A39710C88.
Congress Wants Land Agency to Ignore the Facts and Future, CPR Blog (Feb. 28, 2017), http://www.progressivereform.org/CPRBlog.cfm?idBlog=0ACD6185-0636-2092-811079BE2309B574.
Ryan Zinke's Troubling Road to Interior Secretary, CPR Blog (Jan. 19, 2017), http://www.progressivereform.org/CPRBlog.cfm?idBlog=3813EFCC-DC8E-AD9F-C04381C6DCCAD2B0.
Barriers to Endangered Species Act Delisting, Part I: Hearing Before the Subcomm. on Interior of the H. Comm. on Oversight & Government Reform, 114th Cong. 37-58 (2016) (statement of Robert L. Glicksman, J.B. And Maurice C. Shapiro Professor of Environmental Law, George Washington University School of Law), https://www.gpo.gov/fdsys/pkg/CHRG-114hhrg22592/pdf/CHRG-114hhrg22592.pdf.
Oversight of EPA Unfunded Mandates on State, Local and Tribal Government: Hearing on Oversight Related to Environmental Protection Agency Regulations on State, Local and Tribal Governments Before the Subcomm. on Superfund, Waste Mgmt., & Regulatory Oversight of the S. Comm. on Env’t & Pub. Works, 114th Cong. (June 7, 2016) (statement of Robert L. Glicksman, J.B. & Maurice C. Shapiro Prof. of Environmental Law, George Washington University Law School), http://www.epw.senate.gov/public/_cache/files/b71fc6c5-9b2b-4963-884c-3905a4af1e7e/glicksman-testimony.pdf.
EPA'S Proposed Ozone Rule: Potential Impacts on Manufacturing: Joint Hearing Before the Subcomm. on Energy & Power and the Subcomm. on Commerce, Manufacturing & Trade of the H. Comm. on Energy & Commerce, 114th Cong. 44-59 (2015) (statement of Robert L. Glicksman, J.B. And Maurice C. Shapiro Professor of Environmental Law, George Washington University School of Law), https://www.gpo.gov/fdsys/pkg/CHRG-114hhrg97556/pdf/CHRG-114hhrg97556.p….
(With Simpson, Aimee.) "No Profit in Pollution: A Comparison of Key Chesapeake Bay State Water Pollution Penalty Policies," Center for Progressive Reform Briefing Paper No. 1305 (April 2013), https://progressivereform.org/publications/no-profit-pollution-1305/.
(With Adler, Robert W., et. al.) "Letting Nature Work in the Pacific Northwest: a Manual for Protecting Ecosystem Services Under Existing Law," Center for Progressive Reform White Paper No. 1304 (April 2013), https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2252842.
The Obama Administration's Regulatory War on Jobs, the Economy, and America's Global Competitiveness: Hearing before the Subcomm. on Regulatory Reform, Commercial and Antitrust Law of the H. Comm. on the Judiciary, 113th Cong. (Feb. 28, 2013) (statement of Robert L. Glicksman, J.B. & Maurice C. Shapiro Prof. of Environmental Law, George Washington University Law School), https://judiciary.house.gov/committee-activity/hearings/subject-the-obama-administrations-regulatory-war-on-jobs-the-economy.
(With Doremus, Holly, et al.) "Making Good Use of Adaptive Management," Center for Progressive Reform White Paper (April 2011), https://progressivereform.org/publications/adaptive-management-1104/.
(With Andreen, William, et al.) "Missing the Mark in the Chesapeake Bay: A Report Card for the Phase I Watershed Implementation Plans," Center for Progressive Reform White Paper (January 2011), https://digitalcommons.law.umaryland.edu/cgi/viewcontent.cgi?article=2026&context=fac_pubs.
Raising the Agency's Grades--Protecting the Economy, Assuring Regulatory Quality and Improving Assessments of Regulatory Need: Before the Subcomm. on Courts, Commercial and Admin. Law of the H. Comm. on the Judiciary, 112th Cong. (Mar. 29, 2011) (statement of Robert Glicksman, J. B. and Maurice Shapiro Professor of Envtl. Law, The George Washington University), https://judiciary.house.gov/wp-content/uploads/2011/03/Glicksman03292011.pdf.
(With Andreen, William, et al.) "Regulatory Blowout: How Regulatory Failures Made the BP Disaster Possible and How the System Can Be Fixed to Avoid a Recurrence." Center for Progressive Reform White Paper (October 2010), https://progressivereform.org/publications/bp-reg-blowout-1007/.
(Wih Huang, Lee.) "Failing the Bay: Clean Water Act Enforcement in Maryland Falling Short: A Report Commissioned by the Abell Foundation," Center for Progressive Reform White Paper (2007), https://www.researchgate.net/publication/228312233_Failing_the_Bay_Clean_Water_Act_Enforcement_in_Maryland_Falling_Short.
"CPR Perspective: National Forest Management," Center for Progressive Reform (2006), http://progressivereform.net/perspForest.cfm.
(With Earnhart, Dietrich, Donald Haider-Markel, and Tatsui Ebihara.) "Shaping Corporate Environmental Behavior and Performance: The Impact of Enforcement and Non-Enforcement Tools: Final Report to the U.S. Environmental Protection Agency" (March 11, 2006), https://cfpub.epa.gov/ncer_abstracts/index.cfm/fuseaction/display.abstractDetail/abstract_id/1026.
(With Buzbee, William, Sidney Shapiro, and Karen Sokol.) "Regulatory Underkill: the Bush Administration's Insidious Dismantling of Public Health and Environmental Protections." Center for Progressive Reform (February 2005).
Available from https://progressivereform.org/publications/underkill-503/.
(With Flourney, Alyson, and Margaret Clune.) "Regulations in Name Only: How the Bush Administration's National Forest Planning Rule Frees the Forest Service from Mandatory Standards and Public Accountability," Center For Progressive Reform White Paper (June 2005), https://progressivereform.org/publications/forests-508/.
(With Various Authors.) "An Unnatural Disaster: The Aftermath of Hurricane Katrina," Center for Progressive Reform (September 2005), https://progressivereform.org/publications/unnatural-disaster-512/.
"CPR Perspective: Technology-Based Standards: The Advantages of Technology-Based Standards in Protecting Health, Safety and the Environment," Center for Progressive Reform (2004).
Available at https://progressivereform.org/publications/perspstatutory/.
(With Coggins, George.) "Whither Tony's Excellent Adventure: The Impact of Lujan v. National Wildlife Federation on Public Natural Resources Law," Fifth Annual Workshop, Developments and Trends in Public Land and Mining Law, March 22-23, 1991. Scottsdale, AZ : ABA Section of Natural Resources, Energy, and Environmental Law.