Letter to Interior and Commerce Secretaries on Endangered Species Act Consultation Regulation.

Robert L. Glicksman is the J. B. and Maurice C. Shapiro Professor of Environmental Law at the George Washington University Law School. He is a member of the board of directors of the Center for Progressive Reform.

Professor Glicksman has expertise in both of the two main branches of environmental law, pollution control and public natural resources law. His recent research has focused largely on climate change issues, public natural resources issues, and the intersection of the two. He has taught three different environmental law courses -- a survey course covering both of these branches and more specialized courses in regulation of air and water pollution and toxic substances and hazardous waste regulation. He also regularly teaches property law (including regulatory takings cases involving environmental controls) and administrative law. Professor Glicksman has written on all of these topics for more than 25 years.

Professor Glicksman worked in private practice for four years after graduating from the Cornell Law School. He practiced for Cleary, Gottlieb, Steen & Hamilton, a nationally recognized law firm with an office in Washington, D.C., serving industrial clients in the energy and chemical industries. Professor Glicksman returned to private practice in 1993-94 while on leave from the University of Kansas. During that time, he worked for Lowenstein Sandler, a firm in Roseland, N.J. with a thriving environmental law practice, providing advice to clients on hazardous waste-related issues.

In addition to his experiences in private practice, Professor Glicksman served as a consultant to the Secretariat for the Commission for Environmental Cooperation. The CEC is an international organization established by the North American Agreement on Environmental Cooperation (the environmental side agreement to NAFTA) on issues pertaining to the resolution of international disputes among Canada, Mexico, and the United States on issues of both domestic and international environmental law. Professor Glicksman's role was to provide advice concerning the proper disposition of submissions by NGOs seeking a finding by the CEC that the signatory parties have failed to effectively enforce their environmental laws.

Professor Glicksman has published widely in the areas of pollution control, public natural resources management, and administrative law. His book Risk Regulation At Risk: Restoring a Pragmatic Balance (Stanford University Press 2003, with Sidney Shapiro), takes issue with the notion that economic efficiency should be the sole or even principal criterion governing the establishment and implementation of laws and regulations designed to reduce the health and environmental risks attributable to industrial activities. The authors urge instead a pragmatic approach to risk regulation that takes into account other values. Professor Glicksman is the lead co-author of an environmental law casebook, Environmental Protection: Law and Policy (Aspen Law and Business), now in its fifth edition (with Professors Markell, Buzbee, Mandelker, and Tarlock). Professor Glicksman is also the co-author (with George C. Coggins) of the leading treatise on public land and resource management, Public Natural Resources Law, (now in its second edition), as well as a student nutshell on the same subject, Modern Public Land Law (now in its third edition). He has also contributed a chapter entitled, “Federal Preemption by Inaction,” in Preemptive Choice: The Theory, Law, and Reality of Federalism’s Core Question, 2009, edited by fellow CPR Member Scholar William Buzbee, and “Environmental Law,” in Kansas Annual Survey, 2007.

Professor Glicksman's law review articles have been published in journals that include the Pennsylvania Law Review, the Northwestern University Law Review, the Duke Law Journal, the Vanderbilt Law Review, the Wake Forest Law Review, the Columbia Journal of Environmental Law, the Stanford Environmental Law Journal, the UCLA Journal of Environmental Law and Policy, the Virginia Environmental Law Journal, the Boston College Environmental Affairs Law Review, the William & Mary Environmental Law & Policy Review, the Oregon Law Review, the Loyola Law Review, The Administrative Law Review, the Chicago-Kent Law Review, and the Denver University Law Review. Two of Professor Glicksman's articles on judicial review of environmental decision-making (co-authored with Christopher Schroeder, a CPR Board member), have been singled out for recognition as the best in the field for a particular year and have been republished in the Land Use & Environment Law Review. A third article by Professor Glicksman on regulatory takings was also republished in that review. Another of Professor Glicksman's articles, on the Supreme Court and its treatment of environmental law issues, was designated in 1994 by Professor William Rodgers of the University of Washington as one of the 25 best environmental law articles ever written.

Professor Glicksman was instrumental in the expansion of the environmental law curriculum at the University of Kansas School of Law. He helped to establish a certificate program in environmental and natural resources law. He is now the J.B. & Maurice C. Shapiro Professor of Environmental Law at the George Washington University Law School.

Robert Glicksman
The George Washington University Law School
2000 H Street, N.W.
Washington, DC 20052
202.994.4641

email
website

Alejandro Camacho is Chancellor's Professor of Law at the University of California, Irvine, and Faculty Director, UCI Center for Land, Environment, and Natural Resources. He has a joint appointment in Law and Political Science. He also serves on the Board of the Center for Progressive Reform.

Professor Camacho’s scholarship explores the goals, structures, and processes of regulation, with a particular focus on natural resources and public lands law, pollution control law, and land use regulation. His writing considers the role of public participation and scientific expertise in regulation, the allocation of authority and relationships between regulatory institutions, and how the design and goals of legal institutions must and can be reshaped to more effectively account for emerging technologies and the dynamic character of natural and human systems.

His legal scholarship includes articles published or forthcoming in the Yale Journal on Regulation, Washington University Law Review, Vanderbilt Law Review, UCLA Law Review, Stanford Environmental Law Journal, North Carolina Law Review, Harvard Journal on Legislation, Emory Law Journal, Colorado Law Review, Columbia Journal of Environmental Law, and BYU Law Review. Professor Camacho is the co-author, with fellow CPR Member Scholar Robert Glicksman, of Reorganizing Government: A Functional and Dimensional Framework, published by NYU Press in 2019.

Professor Camacho’s interdisciplinary research involves collaborations with experts in ecology, land use planning, political science, computer science, genetics, philosophy, and sociology. He was a co-investigator on National Science Foundation-funded research developing a collaborative cyber-infrastructure for facilitating climate change adaptation. His scientific publications include articles in BioScience, the Journal of Applied Ecology, Issues in Science and Technology, and the Proceedings of the National Academy of Sciences.

He is a frequent public speaker and has contributed opinion pieces or interviews for various print and radio news outlets (including the Los Angeles Times, Houston Chronicle, Chicago Tribune, San Francisco Chronicle, Denver Post, The Australian, Discover, Nature Climate Change, Bloomberg, Businessweek, HuffPost, Mother Jones, The Hill, and National Public Radio stations).

Professor Camacho is an elected member of the American Law Institute. He also serves as the inaugural Director of the UCI Law Center for Land, Environment, and Natural Resources, which seeks to promote policy-relevant research and public engagement through conferences, lectures, publications, and stakeholder facilitation on a variety of regional and national environmental issues. He is a Scholar at the Center for Progressive Reform, a nonprofit think tank devoted to issues of environmental protection and safety. He is on the Executive Committee of UCI OCEANS, and holds a courtesy appointment in Political Science at UCI’s School of Social Sciences. He is the former chair of the Association of American Law Schools’ Section on Natural Resources.

In Fall 2017, he was the Florence Rogatz Visiting Professor of Law at the Yale Law School. Before joining UCI, Professor Camacho was an Associate Professor at the Notre Dame Law School, a research fellow at the Georgetown University Law Center, and practiced environmental and land use law.

Alejandro Camacho
University of California, Irvine School of Law
401 East Peltason Drive, 4500-A
Irvine, CA 92697-8000
email
website
SSRN

Daniel Rohlf is a Professor of Law and Of Counsel, Earthrise Law Center at the Lewis & Clark Law School.

Professor Rohlf’s areas of expertise are biodiversity conservation and management; public lands management; and the intersection of law and science in environmental law.

Professor Rohlf has over 20 years of experience as a litigator, (with the past 11 years as Director of Pacific Environmental Advocacy Center at Lewis and Clark's domestic environmental law clinic), primarily in cases involving the federal Endangered Species Act.

Before entering academia, Professor Rohlf served as a Law Clerk for Justice Jay A. Rabinowitz, Alaska Supreme Court, and The Peregrine Fund to help reintroduce juvenile Peregrine Falcons into the Yellowstone ecosystem. When Professor Rohlf worked with the Center for Conservation Biology, he traveled to east Africa to consult with Ugandan officials and conduct research on Uganda's regulation of its biological resources. While working as a Legal Intern/Law Clerk at the Sierra Club Legal Defense Fund, Professor Rohlf coordinated a long term project involving conservation of grizzly bears in the Lower 48 states. At the U.S. Geological Survey, Bureau of Exploration Geochemistry, Mr. Rohlf worked as a Geologic Field Assistant and Physical Science Technician.

Among others, Professor Rohlf authored the opinion for the Court in a major Clean Water Act case, Miners' Advocacy Council v. State of Alaska, 778 P.2d 1126 (AK 1989). Professor Rohlf wrote The Endangered Species Act of 1973: a Guide to Its Protections and Implementation (Stanford Environmental Law Society, 1989), which was the Winner of 1989 National Wildlife Federation Publication Award.

Professor Rohlf has written widely in the area of the conservation and biodiversity. Some of his more recent publications include, Avoiding the ‘Bare Record’: Safeguarding Meaningful Judicial Review of Federal Agency Actions, 35 Ohio N.U. L. Rev. 575 (2009); Conserving Endangered Species in an Era of Global Warming, 38 Environmental Law Reporter 10203 (2008) (co-authored with John Kostyack), reprinted in SR021 ALI-ABA 147 (2009), Can Federal Courts Save the Environment?, Forest Magazine (Winter 2007), Lessons from the Columbia River Basin: Follow the Blueprint but Avoid the Barriers, 19 Global Business Development Law Journal 195 (2006); and Key International and U.S. Laws Governing Management and Conservation of Biodiversity, Contributed essay in Principles of Conservation Biology, Third Edition (2006).

Daniel John Rohlf
School of Law of Lewis & Clark College
Portland, OR
503.768.6707
email
website