Regulations in Name Only: How the Bush Administration's National Forest Planning Rule Frees the Forest Service from Mandatory Standards and Public Accountability

Alyson Flournoy is Professor of Law at the University of Florida Levin College of Law in Gainesville.

Professor Flournoy has taught various environmental law courses including the environmental law survey course, Advanced Environmental Law and Litigation (a simulation-based skills course emphasizing the pre-trial phase), Comparative Environmental Law, and seminars on environmental law, as well as Administrative Law and Property. She also collaborated with colleagues from Environmental Engineering and Medicine to develop and teach an inter-disciplinary course on Environmental Ethics. In addition to teaching in the United States, she has taught environmental law at Warsaw University as part of the Introduction to American Law Program, and has taught comparative environmental law to classes that included students from France and Latin America in UF Summer Study Abroad Programs in France and Costa Rica. She has supervised LL.M. research on environmental law topics by Comparative Law graduate students from Taiwan, South Korea and Brazil.

Since 1990, Professor Flournoy has served as a Trustee of Florida Defenders of the Environment (FDE), one of Florida's longest established and best respected conservation groups. She served on the Executive Council of the Board from 1993 to 1995 and as President of the Board of Trustees from 1995 to 1998. FDE was founded in 1969 by citizens who recognized the potentially devastating effects of the proposed Cross Florida Barge Canal. FDE forged a coalition of volunteer specialists from science, economics and law who led the successful effort to halt the project. FDE's work led to the creation of the Marjorie Harris Carr Cross Florida Greenway on lands initially condemned for the Barge Canal. Since that time, FDE has continued its strategy of bringing reliable information to the attention of decision-makers and the public in its ongoing work to restore the Ocklawaha River and to protect Florida's other natural resources. Professor Flournoy also served on a University of Florida Sustainability Task Force charged by President Charles Young to make recommendations on how to make the University of Florida a leader in sustainability. She chaired the effort to create the Environmental and Land Use Law Program and has served as its Director since its inception in 1999.

Professor Flournoy began her legal career in 1983 as a law clerk to Chief Justice Robert Wilentz of the New Jersey Supreme Court. Following her clerkship, she practiced with the firm of Covington and Burling in Washington, D.C., specializing in environmental law. Her work included matters under the Clean Air and Clean Water Acts, the Comprehensive Environmental Response, Compensation, and Liability Act (Superfund), the Toxic Substances Control Act and the National Environmental Policy Act. She also spent six months through the firm's pro bono program working in a Neighborhood Legal Services Program office in Washington, where she handled a variety of housing, benefits and other cases on behalf of indigent clients.

Professor Flournoy's scholarship focuses on environmental ethics, decision-making processes under environmental and natural resource laws, and on the intersection of science and law. She has addressed these themes in writings about endangered species and forest management, wetlands conservation and restoration, and regulation of toxic substances. Her most recent work focuses on the importance of identifying the values that are embedded in the nation's environmental laws and policies.

Professor Flournoy is a member of the Executive Committee of the Environmental Law Section of the American Association of Law Schools. She also serves as an Advisor to the Natural Resources Leadership Institute, an organization founded to help rising leaders develop the skills to help build consensus on contentious environmental issues.

Alyson Flournoy
University of Florida
Levin College of Law
Gainesville, FL
352.273.0945
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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

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