Jeffrey Bain Faculty Scholar and Professor of Law
Legal Research Center
Professor Blumm is one of the architects of the Law School’s acclaimed Environmental and Natural Resources Law Program. He has been teaching, writing, and practicing in the environmental and natural resources law field for forty years. He came to the law school after practicing with an environmental group and the U.S. Environmental Protection Agency in Washington, D.C., where he helped draft the EPA’s first wetland protection regulations. Blumm’s chief interests are in the restoration of the Pacific Northwest salmon runs, the preservation of the West’s public lands and waters, the management of natural resources by Indian tribes, the modern use of the public trust doctrine, and governmental authority to regulate private property for public purposes.
Professor Blumm was instrumental in the founding of the Law School’s pioneering Externship Program, which began in Washington D.C. in 1979 as part of the environmental law program and over the years has expanded to include all legal subjects. The Externship Program has sponsored over 600 students who spend a semester all over the country gaining practical experience working for government agencies, non-profit organizations, and law firms.
For over a decade during the 1980s, Blumm edited the Natural Resources Law Institute’s Anadromous Fish Law Memo. He then spent seven years during the 1990s co-directing the Northwest Water Law and Policy Project. He has co-authored casebooks on Natural Resources Law, Public Trust Law, and Native American Natural Resources Law.
Blumm is a prolific scholar, with well over one-hundred published articles, book chapters, and monographs on salmon, water, public lands, wetlands, environmental impact assessment, public trust law, and constitutional takings law, to name just a few topics. Much of his scholarship involves student co-authors; in fact, over fifty students have been his co-authors over the years. He also regularly helps students publish on their own. For example, over twenty of his students have authored state analyses in a comprehensive study of the public trust doctrine in the American states.
Blumm was visiting professor at the University of Melbourne in 1988, Fulbright Professor at the University of Athens in 1991, and visiting professor at the University of California-Berkeley in 2004. He has lectured on a variety of topics as visiting professor in in law schools in Australia, Canada, Greece, and Brazil, and has been distinguished visitor at Florida State University, the University of Calgary, Vermont Law School, and several Australian law schools. In 2005-07, he was Chair of the American Association of Law School’s Natural Resources Law Section.
Specialty Areas & Course Descriptions
- Public Lands and Resources Law
- American Legal History
- Natural Resources Law
- Native American Natural Resources Law
- Public Trust Law Seminar
- B.A. cum laude with departmental honors 1972 Williams College
- J.D. honors 1976 George Washington University Law School
- LL.M. highest honors 1979 George Washington University Law School
- Natural Resources Law: Private Rights and the Public Interest (West Pub. Co., 2015) (co-author).
- The Public Trust Doctrine in Environmental and Natural Resources Law (Carolina Academic Press 2013) (co-author), with teachers manual.
- Native American Natural Resources Law: Cases and Materials (Carolina Academic Press, 1st ed. 2002, 2d ed. 2008, 3d ed. 2013, 4th ed. 2018) (with teachers manual and annual teacher’s updates) (co-author).
- Sacrificing the Salmon: A Legal and Policy History of the Decline of Columbia Basin Salmon (BookWorld Publications, 2002, republished by Vandeplas Publishing, 2013).
- The Northwest Salmon Crisis: A Documentary History (Oregon State University Press 1996) (contributing author).
- Waters and Water Rights (The Michie Co. 1991, 1994, 1996, Lexis-Nexis 2004, 3d. ed. 2009) (author of chapters on Reserved Water Rights, (1991-2011) Federal Hydroelectric Regulation (1991-2000), and the Columbia River Basin).
- Environmental Law: International Library of Essays in Law and Legal Theory (Dartmouth Publishing Co. 1992, New York University Press, 1993).
- Anadromous Fish Law Memo, 50 issues (1979-90) (published by Oregon State University Sea Grant).
- The Public Trust Doctrine in Forty Five States (editor, twenty-three student authors) (2014 ed.)
- The Columbia River Basin: From the Stevens Treaties to the Northwest Power Act(available from the Northwest Water Law and Policy Project, 1994).
- Salmon Law and History: Sources and Analysis (available from the Northwest Water Law and Policy Project, 1994) (co-author).
- Highways and the Environment: Resource Protection and the Federal Highway Program (study for the National Transportation Research Board, 1994; winner of Vance Award for best publication on transportation law in 1994).
- The Trump administration is redefining ‘the public’ in ’public lands,’ Los Angeles Times (Jan. 12, 2018).
- Oregon Monuments Need Protection from Logging, High Country News (May 4, 2017)
- A Misguided Attack on the Cascade-Siskiyou National Monument,Oregonian/Oregon Live (April 4, 2017).
- Obama’s National Monuments Were Lawful, not Land Grabs, Los Angeles Times (Jan. 23, 2017) (with Hillary Hoffman).
- Earth on the Docket: Why Obama can’t Ignore this Climate-Change Lawsuit by America’s Youth, The Conversation (Dec. 15, 2016) (with Mary C. Wood)
- The death of a unique Oregon lake, Oregonlive.com (May 2, 2016) (with Viki Nadol).
- Oregon standoff: Answers to questions about federal land ownership, Oregonlive.com (Jan. 14, 2016).
- Forest bill will allow more clear cuts without benefits, OregonLive.com (Jul. 18, 2015).
- Oregon is indifferent to climate change, Oregonlive.com (Jun. 6, 2015).
- City Hall, Oswego Lake, and the Politics of Power, Lake Oswego Review (May 28, 2015).
- Salmon are flourishing because of judge’s orders, OregonLive.com (November 8, 2014).
- Attorney General Must Represent Oregonians, Eugene Register-Guard (Jan. 14, 2014) (with Mary Wood).
- Undermining Oregon’s Public Trust Doctrine, OregonLive.com (Dec. 5, 2013) (with Mary Wood).
- O&C lands bill threatens forest watersheds, OregonLive.com (September 14, 2013).
- Governor John Kitzhaber’s call for a new salmon plan makes sense, OregonLive.com (October 9, 2012).
- DeFazio Bill Slights Water Quality, Recreation, Salmon, OregonLive.com (March 24, 2012).
- Public Access Struggle: Citizens have a right to publicly-owned Oswego Lake, The Oregonian (Jan. 21, 2012); also published in the Lake Oswego Review as End Monopolization of Oswego Lake (Jan. 19, 2012).
- Climate Change Litigation has Sound Footing in Law, Missoulian (June 14, 2011) (with Jack Tuholske).
- Forming An Environmental Legacy: For Obama, a mixed record on the environment, The Oregonian (Jan. 19, 2011).
- Obama disappoints when it comes to salmon, High Country News (Oct. 13, 2009).
- For wild salmon, more business as usual, OregonLive.com (Oct. 9, 2009).
- The right way to cap and trade, OregonLive.com (Aug. 17, 2009).
- Big guys, little guys and Measure 49, OregonLive.com (Oct. 25, 2007) (with Lydia Loren).
- Measure 37 and the Legislature: Inject some clarity in our land-use laws, The Oregonian at B7 (Jan. 23, 2007).
- Walden bill hurts endangered species, The Bend Bulletin at C6 (Oct. 21, 2005)
- Walden’s peer review a smoke screen, The Bend Bulletin (Aug. 2, 2004)
- Bush’s sweetheart settlement policy bad for the environment, The Bend Bulletin (June 19, 2004)
- BPA tally of salmon costs pretty fishy, Seattle Post-Intelligencer (Sept. 26, 2002)
- BPA’s notion of salmon costs turns word on its head, The Oregonian (March 6, 1993)
- BPA plight exaggerated by industry, The Oregonian at B9 (March 6, 1995)
- BPA should change salmon-saving plan, The Oregonian (March 6, 1993)
- Higher BPA fish flow insufficient for salmon, The Oregonian at B7 (March 14, 1991)
- Forest service road-building destroys wildlife habitat, Eugene Register-Guard at 11A (Oct. 7, 1987)
- End forest service subsidies for timber roads, The Oregonian (June 10, 1987)
- BPA foot-dragging dooms salmon runs, The Oregonian (Jan. 3, 1984)
- BPA flouts intent of fishery program, The Oregonian at C7 (Nov. 10, 1982)
WORKS PUBLISHED AS PART OF A COLLECTION
Proprietary and Sovereign Public Trust Duties: From Justinian and Hale to Lamprey and Oswego Lake (with Courtney Engel ’19), 43 Vermont L. Rev. 1 (forthcoming 2019).
The Trump Administration’s Public Lands Revolution: Redefining “the Public” in Public Lands Law, 48 Environmental Law 311 (2018) (part of Environmental Law’s spring symposium on the Trump Administration, with Olivier Jamin ’17, LL.M. ’18),
“No Ordinary Lawsuit:” Climate Change, Due Process, and the Public Trust Doctrine, 67 American U. Law Review 1 (2017) (with Mary C. Wood, Oregon Law School).
“Coordinating” with the Federal Government: Assessing County Efforts to Control Decisionmaking on Public Lands, 38 Public Land and Resources Law Review (U. Montana) 1 (2017) (with James Fraser ’17).
The Nation’s First Forester-In-Chief: The Overlooked Role of FDR and the Environment, 33 Journal of Land Use and Environmental Law 25 (Florida State) (2017).
Still Crying Out For a “Major Overhaul” After All These Years—Salmon and the Fourth Failed Biological Opinion on Columbia Basin Hydroelectric Operations (with Julianne Fry M.L.S. ’16 & Olivier Jamin ’17), 47 Environmental Law 287 (2017).
Indian Treaty Fishing Rights and the Environment: Affirming the Right to Habitat Protection and Restoration, 92 Washington Law Review 1 (2017).
The Public Trust as an Antimonopoly Doctrine (with Aurora Paulsen, LL.M. ’16), 44 Boston College Environmental Affairs Law Review 1 (2017).
The Property Clause and Its Discontents: Lessons from the Malheur Occupation (with Olivier Jamin ’17), 43 Ecology Law Quarterly (UC-Berkeley) 781 (2016).
Two Wrongs?: Correcting Professor Lazarus’s Erroneous View of the Public Trust Doctrine, 46 Environmental Law 481 (2016).
Federal Reserved Water Rights as a Rule of Law, 50 Idaho Law Review 369 (2016).
Horne v. Department of Agriculture: Expanding Per Se Takings While Endorsing State Sovereign Ownership of Wildlife, 75 Maryland Law Review 657 (2016) (co-authored with John Echeverria, Vermont Law School).
Antimonopoly in American Public Land Law, 28 Georgetown Environmental Law Review 155 (2016) (co-authored with Kara Tebeau ’15).
(Ground)Waters of the United States: Unlawfully Excluding Tributary Groundwater from Clean Water Act Jurisdiction, 46 Environmental Law 333 (2016) (co-authored with Steven M. Thiel ’15) (part of Environmental Law’s symposium on Clean Water Act jurisdiction).
Shared Sovereignty: The Role of Expert Agencies in Environmental Law, 42 Ecology Law Quarterly 609 (2015) (U.C. Berkeley) (co-authored with Andrea Lang ’15, LL.M. ’16).
Defending the Constitutionality of the Endangered Species Act: The Case of the Utah Prairie Dog (“On the Merits,” Washington Legal Foundation, June 2015), (requested by the Washington Legal Foundation).
The Federal Public Trust Doctrine: Misinterpreting Justice Kennedy and Illinois Central Railroad, 45 Environmental Law 399 (2015) (co-authored with Lynn Schaffer LL.M. ’15) (part of Environmental Law’s symposium on the public trust doctrine).
Vetoing Wetland Permits under Section 404(c) of the Clean Water Act: A History of Inter-Federal Agency Controversy and Reform, 33 U.C.L.A. Journal of Environmental Law & Policy 215 (2015) (co-authored with Elisabeth Mering ’16).
- “Endangered Species Act Listings and Climate Change: Avoiding the Elephant in the Room,” 20 Animal Law 277 (2014) (co-author) (for a symposium).
- “Salmon Hatcheries as Fish Factories: Forgetting the Lessons of Leopold,” 4 Seattle Journal of Environmental Law Vol 4: Iss. 1, Article 13 (2014) (book review), earlier version at 115 Oregon Historical Quarterly 137 (2013).
- “The Struggle Over the Columbia River Gorge: Establishing and Governing the First National Scenic Area,” 4 Washington Journal of Environmental Law and Policy 287 (2014) (co-author) (book review).
“The Underappreciated Role of the National Environmental Policy Act in Wilderness Designation and Management,” 44 Environmental Law 323 (2014) (co-author) (for a symposium).
- “Anti-Monoploy and the Radical Lockean Origins of Western Water Law.” (book review).
- “Federal Wild Lands Policy in the Twenty-First Century: What a Long, Strange Trip It’s Been,” 25 Colorado Natural Resources, Energy and Environmental Law Review 1 (2014) (co-authored with Andrew B. Erickson).
- “Lands Council, Karuk Tribe, and the Great Environmental Divide in the Ninth Circuit,” 54 Natural Resources Journal (2014) (co-authored with Maggie Hall).
- “The Past as Prologue to the Present: Managing the Oregon and California Railroad Lands,” Oregon Bar Bulletin (July 2013) (co-authored with Tim Wigington).
- “The Public Trust in Wildlife,” 2013 Utah Law Review 1437 (co-authored with Aurora Paulsen).
- “The Oregon and California Railroad Grant Lands’ Sordid Past, Contentious Present and Uncertain Future: A Century of Conflict,” 40 Boston College Environmental Affairs Law Review 1 (2013), (co-authored with Tim Wigington).
- “Dam Removal in the Pacific Northwest: Lessons for the Nation,” 42 Environmental Law 1043 (2013) (co-authored with Andrew B. Erickson).
- “The Role of the Judge in Endangered Species Act Implementation: District Judge James Redden and the Columbia Basin Salmon Saga,” 32 Stanford Environmental Law Journal 87 (2013), (co-authored with Aurora Paulsen).
- “Pluralism and the Environment Revisited: The Role of Comment Agencies in NEPA Litigation,” 37 Vermont Law Review 5 (2012), (co-authored with Marla S. Nelson).
- “The Overlooked Role of the National Environmental Policy Act in Protecting the Western Environment: NEPA and the Ninth Circuit,” 2 Washington Journal of Environmental Law and Policy 193 (2012) (co-authored with Keith Mosman).
- “Internationalizing the Public Trust Doctrine: Natural Law and Constitutional and Statutory Approaches to Fulfilling the Saxion Vision,” 45 University of California Davis Law Review 741 (2012).
- “Oregon’s Public Trust Doctrine: Public Rights in Waters, Wildlife, and Beaches,” 42 Environmental Law 375 (2012) (co-authored with Erika Doot).
- “The Water Law Scholarship of Jim Huffman and Janet Neuman: Introduction to the Festscrift,” 42 Environmental Law 1 (2012).
- “Why Aboriginal Title is a Fee Simple Absolute,” 15 Lewis and Clark Law Review 975 (2011).
- “The Columbia River Gorge and the Development of American Natural Resources Law: A Century of Significance,” 20 New York University Environmental Law Review 1 (2011).
- “The Real Story Behind the Columbia Basin Salmon Debacle: Dam Preservation under the Endangered Species Act,” 42 Environmental Law 1363 (2011) (book review).
- “Reinvigorating the Public Trust Doctrine: Expert Opinion on the Potential of a Public Trust Mandate in U.S. and International Law,” 52 Environment Magazine 6 (2010) (co-author).
- “Present At the Creation: The 1910 Big Burn and the Formative Days of the U.S. Forest Service,” 37 Ecology Law Quarterly (UC Berkeley) 1217 (2010) (book review), reprinted at 32 Public Land and Resources Law Review 193 (2011).
- “The Public Trust Doctrine and Private Property: The Accommodation Principle,” 27 Pace Environmental Law Review 649 (2010).
- “Background Principles, Takings and Libertarian Property; A Reply to Professor Huffman,” 37 Ecology Law Quarterly (UC Berkeley) 805 (2010) (co-author).
- “The Public Trust Doctrine – A Twenty-First Century Concept,” 16 Hastings West-Northwest Journal of Environmental Law and Policy 105 (2010).
- “Debunking The ‘Divine Conception’ Myth: Environmental Law Before NEPA,” 37 Ecology Law Quarterly (UC Berkeley) 269 (2010) (book review), reprinted at 121 Oregon Historical Quarterly 632 (2009).
- “Indian Treaty Fishing Rights and Habitat Protection: The Martinez Decision Supplies a Resounding Judicial Reaffirmation,” 49 Natural Resources Journal (New Mexico) 653 (2009).
- “Imposing Judicial Restraints on the ‘Art of Deception:’ The Courts Cast a Skeptical Eye on Columbia Basin Salmon Restoration Efforts,” 38 Environmental Law 47 (2008) (co-author).
- “Enacting Libertarian Property: Oregon’s Measure 37 and Its Implications,” 85 Denver University Law Journal 279 (2008) (co-author).
- “Norton v. SUWA and the Unraveling of Federal Public Land Planning,” 18 Duke Journal of Environmental Law and Policy 105 (2007) (co-author).
- “Justice Kennedy and the Environment: Property, States-Rights, and a Persistent Search for Nexus,” 83 Washington Law Review 665 (2007) (co-author).
- “From Martz to the Twenty-First Century: A Half-Century of Natural Resources Law Casebooks and Pedagogy,” 78 Colorado Law Review 647 (2007) (co-author) (for a symposium).
- “The Mirage of Indian Reserved Water Rights and Western Streamflow Restoration in the McCarran Amendment Era: A Promise Unfulfilled,” 36 Environmental Law 1157 (2006) (co-author) (for a symposium).
- “Practiced At the Art of Deception: The Failure of Columbia Basin Salmon Recovery Under the Endangered Species Act,” 36 Environmental Law 709 (2006) (co-author).
- “Protecting the Columbia River Gorge: A Twenty-Year Experiment in Land-Use Federalism,” 21 Journal of Land Use and Environmental Law (Florida State) 201 (2006) (co-author).
- “‘Not Much Less Necessary Than the Atmosphere…They Breathed:’ Salmon, Indian Treaties, and the Supreme Court–A Centennial Remembrance of United States v. Winans and Its Enduring Significance,” 46 Natural Resources Journal (New Mexico) 489 (2006) (co-author).
- “The Pioneer Spirit and the Public Trust: The American Rule of Capture and State Ownership of Wildlife,” 35 Environmental Law 673 (2005) (co-author) (for a symposium).
- “Gonzalez v. Raich, the ‘Comprehensive Scheme’ Principle,’ and the Constitutionality of the Endangered Species Act,” 35 Environmental Law 491 (2005) (co-author).
- “Lucas’s Unlikely Legacy: The Rise of Background Principles as Categorical Takings Defenses,” 29 Harvard Environmental Law Review 321 (2005) (co-author).
- “Bureaucratic Boundaries vs. Clean Water: A Reply to Cliff Villa,” 34 Environmental Law 815 (2004) (co-author).
- “The Bush Administration’s Sweetheart Settlement Policy: A Trojan Horse Strategy for Advancing Commodity Production on the Public Lands,” 34 Environmental Law Reporter (Environmental Law Institute) 10397 (2004).
- “Flies, Wolves, Spiders, Toads and the Constitutionality of the Endangered Species Act,” 34 Environmental Law 309 (2004) (co-author).
- “Retracing the Discovery Doctrine: Aboriginal Title, Tribal Sovereignty, and Their Significance to Treaty-Making and Modern Natural Resources Policy in Indian Country,” 28 Vermont Law Review 713 (2004).
OLDER ARTICLES (1976-2003, by subject matter)
A. General Environmental Law
- “Roads Not Taken: EPA vs. Clean Water,” 33 Environmental Law 79 (2003) (for a symposium).
- “Twenty Years of Environmental Law: Role Reversals Between Congress and The Executive, Judicial Activism Undermining The Environment, and The Proliferation of Environmental (and Anti-Environmental) Groups,” 20 Virginia Environmental Law Journal 5 (2001) (for a symposium).
- “Environment, Economy, and Community in the Pacific Northwest,” 17 (University of Montana) Public Land and Resources Law Review 1 (1996).
- “Studying Environmental Law: An Overview and a Seminar Outline,” 12 Journal of Energy, Natural Resources and Environmental Law 309 (1992).
- “A Primer on Environmental Law and Some Directions for the Future,” 11 Virginia Environmental Law Journal 381 (1992), reprinted in 2 Environmental Law Anthology809 (Law Book Publishers, 1992-93) (also published in Greek in the University of Athens Law Review, 1992).
- “The Fallacies of Free Market Environmentalism,” 15 Harvard Journal of Law and Public Policy 371 (1992) (for a symposium), reprinted in 2 Environmental Law Anthology 431 (Law Book Publishers, 1992-93); and An Environmental Law Anthology 319 (Anderson Pub. Co., 1996).
- “Pluralism and the Environment: The Role of Comment Agencies in NEPA Litigation,” 14 Harvard Environmental Law Review 277 (1990) (co-author), reprinted inLand Use and Environment Law Review 607 (1991).
- “The National Environmental Policy Act At Twenty: A Preface,” 20 Environmental Law 447 (1990) (for a symposium).
- “Liberty, the New Property, and Environmental Law,” 24 University of San Francisco Law Review 385 (1990) (for a symposium).
- “The Origin, Evolution, and Direction of U.S. National Environmental Policy Act,” 5 (Australian) Environmental Law and Planning Journal 177 (1988).
- “Environmental Decision-making, Judicial Review, and the Democratization of the Leviathan State: Some Comments on the Huffman/Funk Colloquy,” 4 Advocate no. 2 at 10 (Lewis and Clark Law School alumni magazine,1985).
- “Implementing the Clean Water Act: Progress, Problems, and Possibilities,” inReadings in Water Quality Management (Ann Arbor Sciences, 1980).
- “The Marine Sanctuaries Program: A Framework for Critical Areas Management in the Sea,” 8 Environmental Law Reporter (Environmental Law Institute) 50016 (1978) (reprinted in Senate Commerce Committee, Hearings on the Marine Protection, Research, and Sanctuaries Act, Serial No. 95-65, at 45) (co-author).
- “Evaluating State Coastal Zone Plans: Questions to Ask,” in Coastal Zone ’78, at 98 (1978) (co-author).
- “The Promise of Federal Consistency Under Section 307 of the Coastal Zone Management Act,” 6 Environmental Law Reporter (Environmental Law Institute) 50047 (1976) (co-author).
B. Constitutional Takings of Property
- “Palazzolo and the Decline of Justice Scalia’s Categorical Takings Doctrine,” 29Boston College Environmental Affairs Law Review 137 (2002) (for a symposium).
- “The End of Environmental Law?: Libertarian Property, Natural Law, and the Just Compensation Clause in the Federal Circuit,” 25 Environmental Law 171 (1995) (for a symposium).
- “Property Myths, Judicial Activism, and the Lucas Case,” 23 Environmental Law 907 (1993) (for a symposium).
C. Public Lands
- “Water For National Forests: The Bypass Flow Controversy and The Great Divide in Western Water Law,” 18 Stanford Environmental Law Review 3 (1999) (co-author).
- “The Proposed Transfer of BLM Timber Lands to the State of Oregon: Environmental and Economic Questions,” 32 Land and Water Law Review (University of Wyoming) 353 (1997) (co-author) (for a symposium).
- “The Case Against Transferring BLM Lands to the States,” 7 Fordham Environmental Law Journal 387 (1996).
- “Public Choice Theory and the Public Lands: Why Multiple Use Failed,” 18 Harvard Environmental Law Review 405 (1994).
- “Ancient Forests and the Supreme Court: Issuing a Blank Check for Appropriation Riders,” 43 Washington U. Journal of Urban and Contemporary Law 35 (1993) (for a symposium).
- “Ancient Forests, Spotted Owls, and Modern Public Land Law,” 18 Boston College Environmental Affairs Law Review 605 (1991).
D. Water Law
- “Renouncing the Public Trust Doctrine: An Assessment of the Validity of Idaho House Bill 794,” 24 Ecology Law Quarterly (University of California-Berkeley) 461 (1997) (co-author).
- “Seven Myths of Northwest Water Law and Associated Stories,” 26 Environmental Law 141 (1996) (for a symposium).
- “Mono Lake and the Evolving Public Trust in Western Water,” 37 University ofArizona Law Review 701 (1995) (co-author).
- “Pinchot, Property Rights, and Western Water: A Reply to Greg Hobbs,” 24Environmental Law 1203 (1994).
- “The Rhetoric of Resistance To Water Reform: A Response To Hobbs’ Critique of Long’s Peak,” 24 Environmental Law 171 (1994).
- “Unconventional Waters: The Quiet Revolution in Federal and Tribal Minimum Streamflows,” 19 Ecology Law Quarterly (University of California-Berkeley) 445 (1992).
- “Public Property and the Democratization of Western Water Law: A Modern View of the Public Trust Doctrine,” 19 Environmental Law 573 (1989) (for a symposium).
E. Tribal Natural Resources
- “Reversing the Winters Doctrine?: Denying Reserved Water Rights For Idaho Wilderness and Its Implications,” 73 University of Colorado Law Review 173 (2002).
- “Judicial Termination of Treaty Rights: The Snake River Case,” 36 Idaho Law Review 449 (2000) (co-author).
- “The Indian Treaty Piscary Profit and Habitat Protection in the Pacific Northwest: A Property Rights Approach,” 69 University of Colorado Law Review 407 (1998) (co-author).
- “The Indian Court of Appeals: A Modest Proposal to Eliminate Supreme Court Jurisdiction Over Indian Cases,” 46 Arkansas Law Review 203 (1993) (co-author) (for a symposium).
- “Native Fishing Rights and Environmental Protection in North America and New Zealand: A Comparative Analysis,” 8 Wisconsin International Law Journal 1 (1989) (also published at 4 Canterbury (N.Z.) Law Review 211 (1990)).
- “Aboriginal Title, The Common Law, and Federalism: A Different Perspective,” inThe Emergence of Australian Law (Butterworths, 1989) (co-author).
- “ Avoiding Dam Breaching Through Off-Site Mitigation: NMFS’s 2000 Biological Opinion on Columbia Basin Hydroelectric Operations, 32 Environmental Law 241 (2002) (co-author).
- “The BPA Power-Salmon Crisis: A Way Out,” 31 Environmental Law Reporter 10726 (2001) (co-author) (earlier version published in Restoration, the journal of the Oregon Sea Grant Program).
- “The Decline of the Hydropower Czar and The Rise of Agency Pluralism in Hydroelectric Licensing,” 26 Columbia Journal of Environmental Law 81 (2001) (co-author).
- “Salmon and The Endangered Species Act: Lessons From The Columbia Basin,” 74Washington Law Review 519 (1999) (co-author) (for a symposium).
- “The Amphibious Salmon: The Evolution of Ecosystem Management in the Columbia Basin,” 24 (University of California-Berkeley) Ecology Law Quarterly 653 (1997) (for a symposium).
- “Beyond the Parity Promise: Struggling to Save Columbia Basin Salmon in the Mid-1990s,” 27 Environmental Law 21 (1997) (co-author) (for a symposium).
- “Salmon Law and Policy in 1985: A Brief Overview,” 26 Environmental Law 651 (1996) (for a symposium).
- “Columbia Basin Salmon and the Courts: Reviving the Parity Promise,” 25Environmental Law 351 (1995) (for a symposium).
- “Saving Idaho’s Salmon: A History of Failure and A Dubious Future, Part II” (chapter in Current Trends and Policies in Water Law, a 1994 publication of the American Bar Association) (co-author).
- “Saving Idaho’s Salmon: A History of Failure and A Dubious Future,” 28 Idaho Law Review 669 (1992) (for a symposium).
- “The Unraveling of the Parity Promise: Hydropower, Salmon, and Endangered Species in the Columbia Basin,” 21 Environmental Law 657 (1991) (co-author).
- “Federalism, Hydroelectric Licensing, and the Future of Minimum Streamflows After California v. Federal Energy Regulatory Commission,” 21 Environmental Law 113 (1991).
- “The Northwest Power Act’s Institutional Innovations and Unfulfilled Promises,” 2 (University of Oregon) Journal of Environmental Law and Litigation 165 (1987).
- “The Appointments Clause, Innovative Federalism, and the Constitutionality of the Northwest Power Planning Council,” 8 (University of Utah) Journal of Energy Law and Policy 1 (1987).
- “Why Study Pacific Salmon Law?—A Course Outline,” 22 Idaho Law Review 629 (1986).
- “A Trilogy of Tribes v. FERC: Reforming the Federal Role in Hydropower Licensing,” 10 Harvard Environmental Law Review 1 (1986).
- “Reexamining the Parity Promise: More Challenges Than Successes to the Implementation of the Columbia Basin Fish and Wildlife Program,” 16 Environmental Law 461 (1986) (for a symposium)
- “Small Scale Hydropower and Anadromous Fish: Lessons and Questions From the Winchester Dam Controversy,” 16 Environmental Law 583 (1986) (co-author) (for a symposium).
- “NEPA Meets the Northwest Power Act (And Prevails): The Ninth Circuit Orders An EIS on the Bonneville Power Administration’s Power Sale Contracts,” 25 (University of New Mexico) Natural Resources Journal 1005 (1985).
- “ALCOA v. Central Lincoln PUD and Some Myths About Northwest Electric Power Policymaking: A Call For Continued Judicial ‘Hard Looks’,” 15 Environmental Law 365 (1985).
- “Implementing the Parity Promise: An Evaluation of the Columbia Basin Fish and Wildlife Program,” 14 Environmental Law 277 (1984).
- “Beyond Mitigation—Restoring Federally Damaged Salmon Runs Under the Columbia Basin Fish and Wildlife Program,” 14 Environmental Law Reporter(Environmental Law Institute) 10010 (1984) (earlier version published in Western Natural Resource Litigation Digest, Fall 1983).
- “Risk Management and Northwest Electric Power Planning: Some Lessons From the Rearview Mirror,” 13 Environmental Law 739 (1983) (for a symposium).
- “The Northwest’s Hydroelectric Heritage: Prologue to the Pacific Northwest Electric Power Planning and Conservation Act,” 58 Washington Law Review 175 (1983) (for a symposium).
- “Fulfilling the Parity Promise: A Perspective on Scientific Proof, Economic Cost, and Indian Treaty Rights In the Approval of Columbia Basin Fish and Wildlife Program,” 13 Environmental Law 103 (1982).
- “Promising a Process for Parity: The Pacific Northwest Electric Power Planning and Conservation Act and Anadromous Fish Protection,” 11 Environmental Law 497 (1981) (co-author).
- “Hydropower vs. Salmon: The Struggle of the Pacific Northwest’s Anadromous Fish For a Peaceful Coexistence With the Columbia River Power System,” 11Environmental Law 211 (1981).
- “The Clinton Wetlands Plan: No Net Gain in Wetlands Protection,” 9 Florida State Journal of Land Use and Environmental Law (1994).
- “Wetlands Law: ‘No Net Loss’ and Its Decline,” 4 Rivers 122 (1992) (co-author).
- “Federal Wetlands Protection Under the Clean Water Act: Intergovernmental Tension, Regulatory Ambivalence, and a Call for Reform,” 60 University of Colorado Law Review 695 (1989) (co-author).
- “The Clean Water Act’s Section 404 Program Enters Its Adolescence: An Institutional and Programmatic Perspective,” 8 Ecology Law Quarterly (University of California-Berkeley) 409 (1980).
- “Wetlands Protection and Coastal Planning: Avoiding the Perils of Positive Consistency,” 5 Columbia Journal of Environmental Law 69 (1978).
SELECTED GOVERNMENT REPORTS (principal author)
- 1977 Environmental Planning and the Siting of Nuclear Facilities: The Integration of Water, Air, Coastal, and Comprehensive Planning Into the Nuclear Siting Process(prepared for the U.S. Nuclear Regulatory Commission).
- 1977 An Analysis of the Environmental Impacts of the Alternatives to Transport Alaska’s Prudhoe Bay Natural Gas (prepared for the Council on Environmental Quality).
- 1977 An Assessment of the Need for a National Marine Sanctuaries Program(prepared for the Office of Coastal Zone Management, National Oceanic and Atmospheric Administration, Department of Commerce).
- 1976 The Decision To Transport Alaskan Natural Gas From Prudhoe Bay: Issues and Decision makers (prepared for the Office of Planning and Evaluation, Environmental Protection Agency).
- 1976 The Role of Law in the Design and Management of the Santa Catalina Island Conservation and Recreation Plan: A Guide For Management (prepared for the Los Angeles county Department of Parks and Recreation).
- 1976 The Federal Role in Alaska’s Coastal Zone Management Program (prepared for the Office of the Governor, Alaska Coastal Management Program).
- 1976 An Inventory and Analysis of Federal Statutes Affecting the Alaska Coastal Management Program (prepared for the Office of the Governor, Alaska Coastal Management Program).
- 1975 An Inventory and Analysis of Existing Land Management Tools in Alaska(prepared for the Office of the Governor, Alaska Coastal Management Program).