Eminent Domain: Implications for Community Redevelopment Efforts. A new report on the use of eminent domain for economic development published by the Annie E. Casey Foundation, whose mission is to build better futures for disadvantaged children in the United States.
Getting Development Wrong. An op-ed on the relationship between takings and due process claims published in the Los Angeles Daily Journal (December 13, 2007).
Echeverria/Epstein Point-Counterpoint on Lucas. An exchange between John Echeverria and Richard Epstein on the Lucas decision published in the National Law Journal (November 14, 2005, January 9, 2006, February 20, 2006).
A synsthesis and restatement of the Penn Central regulatory takings test in light of the Supreme Court's latest takings decisions.
Why Tulare Lake Was Incorrectly Decided. Presented at the Fall Meeting of the American Bar Association's Section of Environment, Energy, and Resources, September 21-25, 2005.
Lingle, Etc.: The U.S. Supreme Court's 2005 Takings Trilogy, 35 Envtl L. Rptr. 10577 (2005). Describing and analyzing the Supreme Court's takings trilogy in the 2005 term; Lingle v. Chevron USA, Inc., San Remo Hotel, LLP. v. City and County of San Francisco, and Kelo v. City of New London.
Property Rights and Public Values. A presentation given by Donovan D. Rypkema on June 13, 2001 at the National Building Museum for the Smart Growth lecture series.
LEGAL PROTECTION OF THE ENVIRONMENT (Thomson/West 2005) (with Funk and Johnston)
Let Us Drink Our Fill, 17 Yale Journal of Law and Humanities (forthcoming March 2006) (invited symposium article, The Properties of Carol Rose, Yale Law School, November, 2005).
Energy Competition and the Environment, 1 U. H. Env. & Energy Law & Policy Journal (forthcoming Fall 2005), 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).
Spare the Rod and Spoil the Law: Why the Clean Water Act has Never Grown Up, 55 Ala. L. Rev. 595, Clean Water Act at Thirty symposium, invited contribution (2004).
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 Rutgers Univ. L. Rev. 65 (Vol. 1 2003).
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 Best 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, 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 America? (Or How I stopped Worrying and Learned to Love the EPA), 29 Loyola of Los Angeles Law Review, p. 585 (Vol. 2, Jan. 1996)
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 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 University of Puget Sound Law Review, p. 283 (Winter 1991)
A Letter to Carol Rose, 22 Environmental Law, p. 377 (Winter 1993)
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)
Book Chapters
"Following the Court Off-Road in Norton v. Southern Utah Wilderness Alliance," in STRATEGIES FOR ENVIRONMENTAL SUCCESS IN AN UNCERTAIN JUDICIAL CLIMATE (Michael Allan Wolf ed.) (ELI 2005)
A NEW PROGRESSIVE AGENDA FOR PUBLIC HEALTH AND THE ENVIRONMENT (principal author of one chapter in multi-author book) (Rena Steinzor and Chris Schroeder eds.) (Carolina Academic Press 2005)
"Environmental Ethics and Environmental Law Scholarship," published in The Jurisdynamics of Environmental Protection: Change and the Pragmatic Voice in Environmental Law (2003)
Articles Section 404 at Thirty-Something: A Program in Search of a Policy, 55 Ala. L. Rev. 607-649 (2004)
Building an Environmental Ethic from the Ground Up, 37 U.C. Davis L. Rev. 53-80 (2003) and 27 Environs 53-80 (2003)
In Search of an Environmental Ethic, 28 Colum J. Envtl. L. 64-118 (2003)
Restoration Rx: An Evaluation and Prescription, 42 Ariz. L. Rev. 187-213 (2000)
Miscellaneous
"Dangerous Illusions about Wetlands," guest column on website of Center for American Progress (May 19, 2004) (available at http://www.americanprogress.org/site/pp.asp?c=biJRJ8OVF&b=79581
Co-authored Writings
"An Unnatural Disaster: The Aftermath of Hurricane Katrina," (coordinated and edited work of 16 other member scholars of the Center for Progressive Reform) (September 2005) available at http://www.progressivereform.org/Unnatural_Disaster_512.pdf
"The Unnatural Disaster of Katrina," guest column on website of Center for American Progress (Oct. 11, 2005) (with Robert R.M. Verchick) available at http://www.americanprogress.org/site/pp.asp?c=biJRJ8OVF&b=1102571.
"Regulations in Name Only: How the Bush Administration's Forest Planning Rule Frees the Forest Service from Mandatory Standards and Public Accountability," (with Margaret Clune and Robert L. Glicksman) (June 2005) available at http://www.progressivereform.org/articles/Forests_508.pdf
Environmental Racism: Its Causes and Solutions in PRAEGER HANDBOOK OF BLACK AMERICAN HEALTH (2ND EDITION): POLICIES AND ISSUES BEHIND DISPARITIES IN HEALTH 653-666 (Greenwood Press, 2004) (Ivor Livingston, ed.)
From Harlem to Havana: Sustainable Urban Development, 16 Tulane Environmental Law Journal 783 (2003)
The World Trade Organization's Anti-Discrimination Jurisprudence: Free Trade, National Sovereignty and Environmental Health in the Balance (with Ari Afilalo), 15 Georgetown International Environmental Law Journal 633 (2003)
Environmental Justice: Stakes, Stakeholders, Strategies, Human Rights Magazine, Section of Individual Rights and Responsibilities American Bar Association, (Fall, 2003) (with Eileen Gauna)
Environmental Justice in an Era of Devolved Collaboration, 26 Harvard Environmental Law Review 459 (2002). Reprinted in Natural Resources: Concepts, Strategies and Applications (Island Press 2001) (Kathryn M. Mutz, Garcy C. Bryner, Douglas S. Kenney, eds.)
FROM THE GROUND UP: ENVIRONMENTAL RACISM AND THE RISE OF THE ENVIRONMENTAL JUSTICE MOVEMENT (NYU Press, 2001) (with Luke Cole of the Center for Race, Poverty and the Environment at California Rural Legal Services)
Meeting the Environmental Justice Challenge: Evolving Norms in Environmental Decision making, 30 Environmental Law Reporter 10992 (November 2000).
Books
LEGAL PROTECTION OF THE ENVIRONMENT (co-authored with Craig Johnston and Victor Flatt)(West Group 2005)
ADMINISTRATIVE LAW: EXAMPLES AND EXPLANATIONS, 2d Ed. (co-authored with Richard Seamon)(Aspen Law & Business 2006)
ADMINISTRATIVE PROCEDURE AND PRACTICE: PROBLEMS AND CASEs, 3d Ed. (with Sidney Shapiro and Russell Weaver) (West Group 2006)
FEDERAL ADMINISTRATIVE PROCEDURE SOURCEBOOK, 3d Ed. (co-authored with Jeffrey Lubbers and Charles Pou) (ABA Press 2000).
Law Review Articles and Book Chapters
"Political Checks on the Administrative Process," in A GUIDE TO JUDICIAL AND POLITICAL REVIEW OF FEDERAL AGENCIES (ABA Press 2005)
The Federal Advisory Committee Act, in MAJOR ACTS OF CONGRESS (Macmillan 2003)
Government Management of the Administrative Process, in A Blackletter Statement of Federal Administrative Law, 54 Admin. L. Rev. 1, 76 (2002)
When is a Rule a Regulation? Marking a Clear Line Between Nonlegislative Rules and Legislative Rules, 54 Admin. L. Rev. (2002)
Pesticides, Chapter 7 in Environmental And Natural Resources Law (Oregon State Bar 2002)
A Primer on Nonlegislative Rules, 53 Admin. L. Rev. 1321 (2001)
The Court, the Clean Water Act, and the Constitution: SWANCC and Beyond, 31 Env. L. Rep. 10741 (July 2001)
Constitutional Law in Developments in Administrative Law and Regulatory Practice - 1999-2000 (ABA Press 2001)
Exhaustion of Administrative Remedies - New Dimensions since Darby, 17 Pace Env. L. Rev. 401 (2000)
