GW Law Faculty Publications
(With Joel B. Eisen et al.) Energy, Economics, and the Environment: Cases and Materials (5th ed. 2019).
Fourth edition published in 2015.
(With Robert L. Glicksman et al.) Environmental Protection: Law and Policy (8th ed. 2018).
Seventh edition published in 2015.
(With Sean McGinnis & Bruce H. Tobey.) Public-Private Partnership Opportunities for Water and Water Resource Recovery Utility Energy Projects (2017), http://www.waterrf.org/PublicReportLibrary/4634.pdf.
LAW REVIEW ARTICLES & CHAPTERS IN BOOKS
U.S. Forest Serv. v. Cowpasture River Preservation Ass’n: A Limited – and Perhaps Hollow – Victory, Geo. Wash. L. Rev. On the Docket (Oct. 2019 Term) (July 18, 2020), https://www.gwlr.org/u-s-forest-service-v-cowpasture-river-preservation-association-a-limited-and-perhaps-hollow-victory-for-a-pipeline/.
Toward a Role for Protest in Environmental Law, 70 Case W. Res. L. Rev. 1039 (2020).
The Energy In-Betweens, 59 Jurimetrics 167 (2019).
(With Robert L. Glicksman.) The Administrative Law of Regulatory Slop and Strategy, 68 Duke L. J. 1651 (2019).
(With Robert L. Glicksman.) Agency Behavior and Discretion on Remand, 32 J. Land Use & Envtl. L. 483 (2017).
(With Joel B. Eisen.) Linking Legal Framework Design and Risk Theory to Consumer Acceptance of the Smart Grid, in Smart Grid Law and Policy 40 (Seoul National University School of Law, 2017).
(With Jim Rossi.) Stranded Costs and Grid Decarbonization, 82 Brook. L. Rev. 645 (2017).
Forward, The Electricity Fuel Mix of the Future, 8 Geo. Wash. J. Energy & Envtl. L. 1 (2017).
Deference for Interesting Times, 28 Geo. Envtl. L. Rev. 441 (2016).
Double Deference in Administrative Law, 116 Colum. L. Rev. 1705 (2016).
Judicial Review of Agency Environmental Decision Making, in Decision Making in Environmental Law 409 (LeRoy Paddock, Robert L. Glicksman & Nicholas S. Bryner eds., 2016).
Public Participation in Risk Regulation: The Flaws of Formality, 2016 Utah L. Rev. 169.
(With Pierce, Richard J., Jr.) "The Clean Power Plan: Testing the Limits of Administrative Law and the Electric Grid," 7 The George Washington Journal of Energy & Environmental Law 1-17 (2016).
(With Spence, David B.) "The Regulatory Contract in the Marketplace," 69 Vanderbilt Law Review 141-216 (2016).
"Administrative Law's Asymmetries of Statutory Origin," 93 Texas Law Review See Also 75-84 (2015), http://www.texaslrev.com/wp-content/uploads/2015/08/Hammond-93-SeeAlso.pdf.
(With Elizabeth Garrett and M. Elizabeth Magill.) "Judicial Review of Statutory Issues under the Chevron Doctrine," in A Guide to Judicial and Political Review of Federal Agencies, p. 65-100. Ed. by Michael E. Herz, Richard Murphy and Kathryn Watts. Chicago: Section of Litigation, American Bar Association, 2015.
"Nuclear Power, Risk, and Retroactivity," 48 Vanderbilt Journal of Transnational Law 1059-1082 (2015).
"Chevron's Generality Principles," 83 Fordham Law Review 655-678 (2014).
(With Markell, David.) "Civil Remedies," in Global Climate Change and U.S. Law, p. 239-270. 2nd ed. Ed. by Michael B Gerrard and Jody Freeman. Chicago: ABA Press, 2014.
"Court Agency Dialogue at the Boundaries of Reviewability," 82 The George Washington Law Review Arguendo 171-179 (2014), http://www.gwlr.org/wp-content/uploads/2014/12/Hammond_final_Redacted.pdf.
(With Spence, David B.) "Energy Sources for Electricity," in Global Climate Change and U.S. Law, p. 461-504. 2nd ed. Ed. by Michael B. Gerrard and Jody Freeman. Chicago: ABA Press, 2014.
(With Markell, David L.) "Administrative Proxies for Judicial Review: Building Legitimacy from the Inside-Out," 37 Harvard Environmental Law Review 313-364 (2013).
"Dialogue, Deferred and Differentiated," 112 Columbia Law Review Sidebar 185-193 (July 2012), http://columbialawreview.org/wp-content/uploads/2016/05/Meazell.pdf.
"Presidential Control, Expertise, and the Deference Dilemma," 61 Duke Law Journal 1763-1810 (2012).
"Super Deference, the Science Obsession, and Judicial Review as Translation of Agency Science," 109 Michigan Law Review 733-784 (2011).
"Scientific Avoidance: Toward More Principled Judicial Review of Legislative Science," 84 Indiana Law Journal 239-283 (2009)
"Government Liability When Cyclists Hit the Road: Same Roads, Same Rights, Different Rules," 35 Georgia Law Review 1051-1085 (2001).
"Iterative Energy Policy: Resisting An Apology." Review of Electricity Restructuring in the United States: Markets and Policy from the 1978 Energy Act to the Present, by Steve Isser. 31 Yale Journal on Regulation Online 1-9 (2015), Available at: http://www.yalejreg.com/hammond-review.html.
Justices and Litigants Spar Over Whether Renewable-Fuel Law Creates a ‘Funnel’ or a ‘Safety Valve’, SCOTUSBlog.com (Apr. 30, 2021), https://www.scotusblog.com/2021/04/justices-and-litigants-spar-over-whether-renewable-fuel-law-creates-a-funnel-or-a-safety-valve/.
A Clash Over Renewable Fuels Hinges on the Meaning of a Single Word, SCOTUSBlog.com (Apr. 26, 2021), https://www.scotusblog.com/2021/04/a-clash-over-renewable-fuels-hinges-on-the-meaning-of-a-single-word/.
Justices May Consider Role of Legislative Motive in Pre-emption Analysis, SCOTUSBLOG (Oct. 29, 2018, 1:02 PM), http://www.scotusblog.com/2018/10/argument-preview-justices-may-consider-role-of-legislative-motive-in-pre-emption-analysis/.
(With Robert L. Glicksman, 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).
New Source Review Permitting Challenges for Manufacturing and Infrastructure: Hearing Before the Subcomm. on Env't of the H. Comm. On Energy & Com., 115th Cong. ( Feb. 14, 2018) (statement of Emily Hammond, Glen Earl Weston Research Professor of Law, George Washington University Law School), http://docs.house.gov/meetings/IF/IF18/20180214/106852/HHRG-115-IF18-Wstate-HammondE-20180214.pdf.
Legislative Hearing on S. 1857, S. 203, S. 839 and S. 1934: Hearing Before the Subcomm. on Clean Air & Nuclear Safety of the S. Comm. On Env’t & Pub. Works, 115th Cong. (Nov. 14, 2017) (statement of Emily Hammond, Glen Earl Weston Research Professor of Law, George Washington University Law School), https://www.epw.senate.gov/public/_cache/files/0/c/0c715420-de20-4e15-99df-d21c4920cd6e/17BC30805F8BEB0DCA9015C24796FB88.hammond-testimony-11.14.2017.pdf
Pending House Bill Would Drastically Limit State Protections for Public Health, Safety, Environment, CPR Blog (July 25, 2017), http://www.progressivereform.org/CPRBlog.cfm?fkScholar=119.
President Trump's Executive Order on "Energy Independence," Annotated by an Environmental Law Expert, Vox (March 29, 2017), https://www.vox.com/a/executive-order-eo-energy-growth-independence-climate-trump.
Modernizing Environmental Laws: Challenges and Opportunities for Expanding Infrastructure and Promoting Development and Manufacturing: Hearing Before the H. Comm. on Energy and Commerce, Subcomm. on Env't, 115th Cong. (Feb. 16, 2017) (statement of Emily Hammond, Professor of Law, George Washington University Law School), http://docs.house.gov/meetings/IF/IF18/20170216/105582/HHRG-115-IF18-Wstate-HammondE-20170216.pdf.
Executive Overreach in Domestic Affairs (Part II)-IRS Abuse, Welfare Reform, and Other Issues: Hearing Before the Executive Overreach Task Force of the H. Comm. on the Judiciary, 115th Cong. 47-52 (2016) (statement of Emily Hammond, Associate Dean for Public Engagement, Professor of Law, George Washington University Law School), https://www.gpo.gov/fdsys/pkg/CHRG-114hhrg99839/pdf/CHRG-114hhrg99839.pdf.
The Chevron Doctrine: Constitutional and Statutory Questions in Judicial Deference to Agencies: Hearing Before the Subcomm. on Regulatory Reform, Commercial & Antitrust Law of the H. Comm. on the Judiciary, 114th Cong. 67-72 (2016) (statement of Emily Hammond, Associate Dean for Public Engagement, Professor of Law, George Washington University Law School), https://www.gpo.gov/fdsys/pkg/CHRG-114hhrg99454/pdf/CHRG-114hhrg99454.pdf.
Quadrennial Energy Review and Related Discussion Drafts: Hearing Before the Subcomm. on Energy & Power of the House Comm. on Energy & Commerce, 114th Cong. 112-118 (2015) (Statement of Emily Hammond, Professor of Law, George Washington University Law School), https://www.gpo.gov/fdsys/pkg/CHRG-114hhrg97282/pdf/CHRG-114hhrg97282.pdf.
EPA'S C02 Regulations for New and Existing Power Plants: Legal Perspectives: Hearing Before the Subcomm. on Energy & Power of the House Comm. on Energy & Commerce, 114th Cong. 89-95 (2015) (statement by Emily Hammond, Associate Dean for Public Engagement, Professor of Law, George Washington University Law School), https://www.gpo.gov/fdsys/pkg/CHRG-114hhrg98598/pdf/CHRG-114hhrg98598.pdf.
Developments in Administrative Law & Regulatory Practice. Chicago: American Bar Association, 2013.
(With Goodwin, James, et al.) TSCA Reform: Preserving State Tort and Regulatory Approaches. Washington, D.C.: Center for Progressive Reform, 2013.
Available at: http://www.progressivereform.org/articles/TSCA_IssueAlert_1309.pdf.
Emerging Trends in Clean Water Act Litigation: Drifting Away from Scientific Principles, Proceedings of the 2005 National Water Research Symposium: Balancing Water Law and Science. Blacksburg, VA: Virginia Water Resources Research Center, 2005.
(With Herman Lisa Vash and Lynn M. Adam.) It's About Time: Part-Time Policies and Practices in Atlanta Law Firms. 2004.
"State Sovereignty: Zoning, Permitting, and the City-County Relationship," The Georgia League Report, March 2002, at 7.
"Touching the Donkey's Tail in the Dark: How Court-Appointed Scientific Experts Can Shed Light on Scientific Evidence in Georgia," The Georgia League Report, April 2000, at 35.
(With Bell, Clifton F.) "Hydrogeologic and Water-Quality Data for the Explosive Experimental Area, Naval Surface Warfare Center, Dahlgren Site, Dahlgren, Virginia." U.S. Geological Survey Open-File Report 95-386, 1995.
(With McFarland, E. Randolph, and Michael J. Focazio.) "Potentiometric Surface of the Brightseat-Upper Potomac Aquifer in Virginia, 1993." U.S. Geological Survey Open-File Report 94-370, 1994.
(With McFarland, E. Randolph, and Michael J. Focazio.) "Potentiometric Surface of the Lower Potomac Aquifer in Virginia." U.S Geological Survey Open-File Report 94-373, 1994.
(With McFarland, E. Randolph, and Michael J. Focazio.) "Potentiometric Surface of the Middle Potomac Aquifer in Virginia, 1993." U.S Geological Survey Open-File Report 94-3732, 1994.
(With Focazio, Michael J.) "Water-Use in Virginia: Reported Withdrawals in 1992." U.S. Geological Survey Fact Sheet 94-057, 1994.