RICHARD JAMES LAZARUS - Harvard Law School · Richard James Lazarus Page 2 EXPERIENCE – Academic...

RICHARD JAMES LAZARUS

Harvard Law School Areeda 329

1563 Massachusetts Avenue Cambridge, MA 02138

[email protected] (617) 495 8015

EXPERIENCE Academic Since July 2011 Howard J. and Katherine W. Aibel Professor of Law, Harvard Law

School. Areas of particular interest for teaching and scholarship include environmental law, natural resources law, Supreme Court advocacy, constitutional law, torts, property, and administrative law.

July 2011 Summer Law Faculty, University of Florence School of Law, Penn

State The Dickinson School of Law Study Abroad, Florence, Italy (two-week course co-taught with the Chief Justice of the United States)

1996-2011 Justice William J. Brennan, Jr., Professor of Law, Georgetown

University Law Center.

Founder & Faculty Co-Director, Georgetown University Supreme Court Institute (1999-2011) (Provides, inter alia, moot court practice sessions for counsel in approximately 95 percent of Supreme Court cases)

Recipient, 2002 Frank Flegal Teaching Award (faculty peer review award based on faculty & student survey)

Winter 2010 Austin Wakeman Scott Visiting Professor of Law, Harvard Law 2008-2009 School Spring 2011 Stanley Legro Visiting Professor of Law, University of San Spring 2010 Diego School of Law (teaching short-term, intensive course) Spring 2009 July 2009 Summer Law Faculty, Galway University, New England School of

Law’s 2009 Summer Program on International and Comparative Human Rights Law, Galway Ireland (two-week course co-taught with the Chief Justice of the United States)

mailto:[email protected]

Richard James Lazarus

EXPERIENCE – Academic (cont.) January 2009 Visiting Professor of Law, UCLA School of Law July 2008 Summer Law Faculty, University of Innsbruck, St. Mary’s School

of Law Institute on World Legal Problems, Innsbruck, Austria: (two-week course co-taught with the Chief Justice of the United States)

July 2007 Summer Law Faculty, Juridicum Vienna, Penn State The

Dickinson School of Law Study Abroad, Vienna, Austria (two-week course co-taught with the Chief Justice of the United States)

Spring 2006 Visiting Professor of Law, Columbia University School of Law Winter 2002 Visiting Professor of Law, Harvard Law School May 2001 Visiting Lecturer, University of Tehran, Iran. 1999-2000 Woodrow Wilson Fellow, Woodrow Wilson International Center

for Scholars, Washington, D.C. 1989-1996 Professor of Law, Washington University School of Law.

Associate Professor, 1989-92. Recipient, Teacher of the Year Award

Summer 1994 Visiting Professor of Law, University of Texas School of Law. Fall 1991 Visiting Professor of Law, Northwestern University School of

Law. Fall 1988 Professorial Lecturer in Law, George Washington University

National Law Center. Taught class in natural resources law.

1983-1985 Associate Professor of Law, Indiana University (Bloomington). Assistant Professor of Law (1983-1985). On leave of absence from January 1986 to July 1988.

Non-Academic Legal Work 2010-2011 Executive Director, National Commission on the BP Deepwater

Horizon Oil Spill and Future of Offshore Drilling (Presidential Commission investigating the root causes of the oil spill)


EXPERIENCE – Non-Academic (cont.) Winter 1992 Office of the President-Elect Transition Team for the U.S.

Department of Justice, Environment and Natural Resources Division.

1986-1989 Assistant to the Solicitor General, United States Department of

Justice. Representation of the United States before the Supreme Court.

1979-1983 Attorney, Policy, Legislation, and Special Litigation, Land and

Natural Resources Division, United States Department of Justice. EDUCATION 1976-1979 Harvard Law School, J.D. 1979, Cum Laude. Executive Editor,

Harvard Environmental Law Review. 1971-1976 University of Illinois (Champaign-Urbana), B.S. Chemistry

1976, B.A. Economics 1976. Phi Beta Kappa. Spring 1975 Massachusetts Institute of Technology. Special Student in

Economics (Advisor Prof. Robert Solow). Varsity Tennis Team. 1966-1971 University High School, Urbana, Illinois. 1968-1969 École Alsacienne, Paris, France. PUBLICATIONS Books and Book Chapters

Advocacy Matters: Transforming the Court by Transforming the Bar, Business and the Roberts Court (Jonathan Adler, ed., Oxford University Press, forthcoming 2012) Deep Water – The Gulf Oil Disaster and the Future of Offshore Drilling – Report to the President of the United States (2011) (Executive Director of Commission and Principal Report Author).

Introduction, A Good Quarrel: America’s Top Reporters Share Stories from Inside the Supreme Court (2009)

Environmental Law, in Encyclopedia of the United States Supreme Court (Tanenhaus, David Spinoza, et al., eds. 2008) (encyclopedia entry)


PUBLICATIONS -- Books & Book Chapters (cont.)

Environmental Law Stories (Foundation Press 2005) (co-editor Prof. Oliver Houck)

“The Nature of Environmental Law and the U.S. Supreme Court,” in “Alternative Grounds: Defending the Environment in an Unwelcome Judicial Climate” (Environmental Law Institute 2005)

The Making of Environmental Law (University of Chicago Press 2004) (paperback

edition 2006) Shifting Paradigms of Tort and Property in the Transformation of Natural Resources

Law, in Trends in Natural Resources law and Policy (L. MacDonnell & S. Bates, eds. 1993)

The 1986 Supreme Court Term: Thoughts on the Significance of Keystone Bituminous, First English, and Nollan to the Federal Government, in Proceedings of the Fifth Annual Donald G. Hagman Commemorative Program on Windfalls for Wipeouts (Dimento, ed. 1990)

Law Reviews

The National Environmental Policy Act in the U.S. Supreme Court: A Reappraisal and A Peek Behind the Curtains, 100 GEORGETOWN L. J. (forthcoming May 2012) The Power of Persuasion Before and Within the Supreme Court of the United States, 2012 U. ILL. L. REV. 231 (2012) One Hundred Years of the Environment and Natural Resources Division, 41 ENVTL L. REP. 10986 (November 2011)

Climate Change Law In and Over Time, 2 SAN DIEGO J. CLIMATE L. & POLICY 29 (2010).

Super Wicked Problems and Climate Change: Restraining the Present to Liberate the Future, 40 ENVIRONMENTAL LAW REPORTER 10749-10756 (Third Annual Environmental Law and Policy Annual Review (2010) (reduced version of 2009 Cornell Law Review article based committee selection of law review articles published that year that represent the “best legal and policy solutions to pressing environmental problems”); A Reply, 40 ENVIRONMENTAL LAW REPORTER 10766 (2010) (a short reply on three published commentaries on my article)

Docket Capture at the High Court, 199 YALE L. J. ONLINE 89 (2009)


PUBLICATIONS – Law Reviews (cont.)

An Introduction: First Annual Climate & Energy Law Symposium: Federal Preemption of State Prerogative – California in the Face of National Climate Policy, 1 SAN DIEGO J. CLIMATE L. & POLICY 1 (2009)

Advocacy Matters Before and Within the U.S. Supreme Court: Transforming the Court by Transforming the Bar, 96 GEO. L. J. 1487 (2008)

The Environment and Natural Resources Division of the United States Department of Justice: Planning for the Transition to the Next Administration, 2 HARV. L & POLICY REV. 269 (2008)

Lucas Unspun, 16 SOUTHEASTERN ENVT’L L. J. 13 (2007)

Bill Rodgers: Environmental Law’s Captain Planet, 82 WASH. L. REV. 493 (2007)

Environmental Law After Katrina: Reforming Environmental Law by Reforming Environmental Lawmaking, 81 TULANE L. REV. 1019 (2007)

Crystals and Mud in Nature, 18 YALE J. L. & HUMANITIES 134 (2006) (symposium)

Human Nature, the Laws of Nature, and the Nature of Environmental Law, 24 VIRGINIA ENVT’L L. J. 231 (2006)

The Measure of a Justice: Justice Scalia and the Faltering of the Property Rights Movement within the U.S. Supreme Court, 57 HASTINGS L. J. 759 (2006)

Congressional Descent: The Demise of Deliberative Democracy in Environmental Law, 94 GEO. L. J. 619 (2006)

Judging Environmental Law, 18 TULANE ENVT’L L. J. 201 (2004)

Looking Back at Penn Central: A Panel Discussion with Supreme Court Litigators, 15 FORDHAM ENVT’L L. J. 287 (2004) (moderated panel discussion)

Celebrating Tahoe-Sierra, 33 ENVT’L L. 1 (2003)

Rehnquist’s Court, 47 ST. LOUIS U. L. J. 861 (2003)

A Different Kind of “Republican Moment” in Environmental Law, 97 MINN. L. REV. 999 (2003)

Highways and Bi-Ways for Environmental Justice, 31 CUMBERLAND L. REV. 569 (2001) (symposium “Civil Rights in the New Decade”)


PUBLICATIONS – Law Reviews (cont.) The Greening of America and the Graying of Environmental Law: Reflections on Environmental Law’s First Three Decades in the United States, 20 VA. ENVT’L L. J. 75 (2001)

Restoring What’s Environmental About Environmental Law in the Supreme Court, 47 U.C.L.A. L. REV.703 (2000) (reprinted in 30 LAND USE & ENVT’L L. REV. 425 (2001) (faculty peer review selection of best environmental law articles published between November 1, 1999 and November 1, 2000))

Thirty Years of Environmental Protection Law in the United States Supreme Court, 17 PACE ENVT’L L. REV. 1 (2000) (Lloyd H. Garrison Distinguished Lecture)

"Environmental Racism! That’s What It Is." 1999 U. ILL. L. REV. 255 (2000) (symposium issue on innovation in environmental law)

Integrating Environmental Justice into EPA Permitting Authority, 26 ECOL. L. Q. 617 (1999) (co-author)

Environmental Scholarship and the Harvard Difference, 23 HARV. ENVT’L L. REV. 327 (1999)

Counting Votes and Discounting Holdings in the Supreme Court's Takings Cases, 38 WILLIAM & MARY L. REV. 1099 (1997)

Mens Rea in Environmental Criminal Law: Reading Supreme Court Tea Leaves, 7 FORDHAM ENVT'L L. J. 861 (1996) (symposium issue)

Meeting the Demands of Integration in the Evolution of Environmental Law: Reforming Environmental Criminal Law, 83 GEO. L. J. 2407 (1995) (reprinted in 28 LAND USE & ENVT’L L. REV. 425 (1997) (faculty peer review selection of best environmental law articles published between November 1, 1995 and November 1, 1996))

The Reality of Environmental Law in the Prosecution of Environmental Crimes: A Reply to the Department of Justice, 83 GEO. L. J. 2539 (1995)

City of Chicago v. Environmental Defense Fund: Searching for Plain Meaning in Unambiguous Ambiguity, 4 N.Y.U. ENVT'L L. J. 1 (1995) (co-authored) (symposium)

Assimilating Environmental Protection into Legal Rules and the Problem with Environmental Crime, 27 LOYOLA L.A. L. REV. 867 (1994) (symposium issue)

Putting the Correct "Spin" on Lucas, 45 STAN. L. REV. 1411 (1993)


PUBLICATIONS – Law Reviews (cont.) Pursuing "Environmental Justice": The Distributional Effects of Environmental Protection, 87 NORTHWESTERN U. L. REV. 787 (1993) (reprinted in 25 LAND USE & ENVT’L REV. 263 (1994) (faculty peer review selection of best environmental law articles published between November 1992 and November 1993))

Debunking Environmental Feudalism: Promoting the Individual Through the Collective Pursuit of Environmental Quality, 77 IOWA L. REV. 1739 (1992)

The Tragedy of Distrust in the Implementation of Federal Environmental Law, 54 LAW AND CONTEMPORARY PROBLEMS 311 (1991) (reprinted in 24 LAND USE & ENVT’L REV. 351 (1993) (faculty peer review selection of best environmental law articles published between November 1, 1991 and November 1, 1992))

The Neglected Question of Congressional Oversight of EPA: Quis Custodiet Ipsos Custodes (Who Shall Watch The Watchers Themselves), 54 LAW AND CONTEMPORARY PROBLEMS 205 (1991)

Changing Conceptions of Property and Sovereignty in Natural Resources Law:

Questioning the Public Trust Doctrine, 71 IOWA L. REV. 631-716 (1986)

Standing to Sue the Federal Government: Current Issues and Congressional Control, 18 LAND & NAT. RES. DIV. J., 2-50 (Summer 1981) (USDOJ Pub.) (co-author)

The Clean Water Act and Related Developments in the Federal Water Pollution Control Program During 1977 -- Nonpoint Sources, 2 HARV. ENVT’L L. REV. 103, 176-198 (1978) (student note)

Magazine Columns

• Rules “With All Deliberate Speed”, 29 Envt’l L. Forum 12 (March/April

2012) • A Tale of Two Superfund Cases, 29 Envt’l L. Forum 12 (January/February

2012) • States Carp Over Asian Carp Invasion, 28 Envt’l L. Forum 14

(November/December 2011) • The Justices Take on Climate, Again, 28 Envt’l L. Forum 12

(September/October 2011) • What the Law Supposes is a Ass, 27 Envt’l L. Forum 12 (July/August 2010) • Forty Years Without A Win, 27 Envt’l L Forum 12 (May/June 2010) • The Logic of High Court Decisions, 27 Envt’l Forum 14 (March/April 2010) • Some Thoughts on ENRD’s Centennial, 27 Envt’l Forum 12

(January/February 2010)


• A Huge Green Win in the 2nd Circuit, 26 Envt’l Forum 12 (November/December 2009)

PUBLICATIONS – Magazine Columns (cont.)

• Environmentalists Lose Every Case, 26 Envt’l Forum 12 (September/October 2009) • • Judging Appointee’s Green Record, 26 Envt’l Forum 12 (July/August 2009) • At Least It Was April Fool’s Day, 26 Envt’l L. Forum 12 (May-June 2009) • When a Loss Is Almost a Victory, 26 Envt’l L. Forum 14 (March/April 2009) • The Transition and Two Court Case, 26 Envt’l L. Forum. 12

(January/February 2009) • The Age of the Expert Advocate, 25 Envt’l L. Forum 12 (November/December

2008) • Redo the Analysis from the Ground Up, 25 Envt’l L. Forum 12

(September/October 2008) • Environment on the Docket Again, 25 Envt’l L. Forum 12 (July/August 2008) • Sierra to Court: Don’t Fence Us Out, 25 Envt’l L. Forum 16 (May/June 2008) • Four New Policies, Four Rejections, 25 Envt’l L. Forum 12 (March/April

2008) • Courts Continue to Needle on Climar, 25 Envt’l L. Forum. 12

(January/February 2008) • What Was the Auto Industry Thinking?, 24 Envt’l L. Forum 14

(November/December 2007) • Single Loss Sours Term for Greens, 24 Envt’l L. Forum 14

(September/October 2007) • Strange Bedfellows at the High Court, 24 Envt’l L. Forum 12 (July/August

2007) • A Breathtaking Result for Greens, 24 Envt’l L. Forum 12 (May/June 2007) • Rapanos Tests Muddy the Waters, 24 Envt’l L. Forum 10 (March/April 2007) • A Court Shifting to Environmental Cases, 24 Envt’l L. Forum 10

(January/February 2007) • Greenhouse Gases Light Up Litigation, 23 Envt’l L. Forum 10

(November/December 2006) • Court: New Corps Wetland Rule, Pronto, 23 Envt’l L. Forum 12

(September/October 2006) • Standing Rises Up Again in D.C. Circuit, 23 Envt’l L. Forum 10 (May/June

2006) • Solicitor Drives Hard in Water Cases, 23 Envt’l L. Forum 10 (March/April

2006) • Court Has Chance to Clarify Water Act, 23 Envt’l L. Forum 10

(January/February 2006) • Out of the Soup Pot and Into the Fire?, 22 Envt’l L. Forum 10

(November/December 2005)


• The Measure of a High Justice, 22 Envt’l L. Forum 10 (September/October 2005)

• Two NSR Rulings Presage Showdown, 22 Envt’l L. Forum 8 (July/August 2005)


• EPA Tests Theories to Stop CO2 Action, 22 Envt’l L. Forum 8 (May/June 2005) • • The Supreme Crow of the United States, 22 Envt’l L. Forum 8 (March/April

2005) • Complex Laws Can’t Spell Judicial Respect, 22 Envt’l L. Forum 8

(January/February 2005) • Takings Advance May Be Substantial, 21 Envt’l L. Forum 8

(November/December 2004) • Would New Justices Make a Difference?, 21 Envt’l L. Forum 8

(September/October 2004) • Two Very, Very Big Green Losses, 21 Envt’l L. Forum 8 (July/August 2004) • In Blackmun Papers, Inside Key Decisions, 21 Envt’l L. Forum 8 (May/June

2004) • Federalism Issue Constant at High Court, 21 Envt’l L. Forum 8 (March/April

2004) • High Court Not In A State Of Denial, 21 Envt’l Forum 10 (January/February

2004) • NSR Rule Pits Reform Against Enforcement, 20 Envt’l Forum 8

(November/December 2003) • A Clean Water Legal Story, In Two Acts, 20 Envt’l Forum 8

(September/October2003) • Pull Up Your Chairs And Grab Scorecards, 20 Envt’l Forum 8 (July/August

2003) • Testing Tension In Federal Jurisdiction, 20 Envt’l Forum 10 (May/June 2003) • Winds Of Federalism Turn, For Good Or Ill, 20 Envt’l Forum 10

(March/April 2003) • Courts Face A New “Republican Moment,” 20 Envt’l Forum 8

(January/February 2003) • Bishop Moves to Secure Court Win, 19 Envt’l Forum 8 (November/December

2002) • So Much for the Unitary Executive, 19 Envt’l Forum 8 (September/October

2002) • Case Has Joint and Several Liability Risk, 19 Envt’l Forum 8 (July/August

2002) • Regulatory Takings Take A Setback, Envt’l Forum 13 (May/June 2002) • Are Citizen Suits Unconstitutional?, Envt’l Forum 12 (March/April 2002) • TMDL Rule Hangs on Circuit Decision, 19 Envt’l Forum 10

(January/February 2002)


• Courts, EPA Review New Source Review, 18 Envt’l Forum 10 (November/December 2001)

• Olson Stands Firm on Mountaintop, 18 Envt’l Forum 10 (September/October 2001)

PUBLICATIONS – Magazine Columns (cont.) Unsettled Aspects of Settlement Process, 18 Envt’l Forum 10 (July/August 2001)

• • Civil Rights Claims Suffer Court Setback, 18 Envt’l Forum 10 (May/June

2001) • Impact of SWANCC Could Be Sustained, 18 Envt’l Forum 10 (March/April

2001) • GE Brings NonDelegation to Life, 18 Envt’l Forum 10 (January/February

2001) • Army Corps Isolated in Wetlands Orals, 17 Envt’l Forum 8

(November/December 2000) • Green Seats Used to Unseat State Judges, 17 Envt’l Forum 10

(September/October 2000) • Three Grants of Cert Raise Uncertainty, 17 Envt’l Forum 10 (July/August

2000) • Industry Reshuffles the Deck in Trucking, 17 Envt’l Forum 10 (May/June

2000) • In Laidlaw Decision, Facts Finally Friendly, 17 Envt’l Forum 8 (March/April

2000) • Courts Appearing to Start Afresh, 17 Envt’l Forum 10 (January/February

2000) • A Farewell To The 'Claiborne Style,' 16 Envt’l Forum 8

(November/December 1999) • DC Circuit Gives Back With Different Hands, 16 Envt’l Forum 10

(September/October 1999) • National Air Standard Ruling A Blockbuster, 16 Envt’l Forum 10

(July/August 1999) • Balance May Shift Against Scala, 16 Envt’l Forum 8 (May/June 1999) • Coal, Gas Delineate Gray Areas, 16 Envt’l Forum 10 (March/April 1999 • A Wolf in Wolf’s Clothing, 16 Envt’l Forum 8 (January/February 1999) • Property Regulation: Rock and Hard Place, 15 Envt’l Forum 8

(November/December 1998) • Rise and Demise of the Citizen Suit, 15 Envt’l Forum 8 (September/October

1998) • Rights Cases with Environmental Impact, 15 Envt’l Forum 8 (July/August

1998) • Environmental Law, Corporate Law Clash, 15 Envt’l Forum 8 (May/June

1998) • Corps Slips on Lopez, FWS Wins, 15 Envt’l Forum 8 (March/April 1998)


• Transboundary Fails, Takings Taken, 15 Envt’l Forum 8 (January/February 1998)

• An End to the Court’s Superfund Silence, 14 Envt’l Forum 8 (September/October 1997)


• Split Personality in Federal Enforcement, 14 Envt’l Forum 8 (July/August 1997)

• Enviros, Industry Can Applaud Bennett, 14 Envt’l Forum 10 (May/June 1997) • • Forestry Advance, Wetlands Retreat, 14 Envt’l Forum 10 (March/April 1997) • A Sea Change in Judicial Activism, 14 Envt’l Forum 6 (January/February

1997) • Government Shifts Strategy in ESA Case, 13 Envt’l Forum 12

(November/December 1996) • Standing An Argument on Its Head, 13 Envt’l Forum 8 (September/October

1996) • Striking Down Retroactive Liability, 13 Envt’l Forum 8 (July/August 1996) • Seminole Tribe Not End of Citizen Suits, 13 Envt’l Forum 8 (May/June 1996) • Taking Cases Take Off in Several Venues, 13 Envt’l Forum 8 (March/April

1996) • Environment Protected from Lopez, 13 Envt’l Forum 8 (January/February

1996) • Promoting Fairness in Notice, 12 Envt’l Forum 10 (November/December

1995) • A Friendlier Habitat in the Supreme Court, 12 Envt’l Forum 8

(September/October 1995) • A Substantial Effect on Environmental Law, 12 Envt’l Forum 7 (July/August

1995) • A New Fault Line – Mens Rea, 12 Envt’l Forum 9 (May/June 1995) • A Lean Green Docket This Term, 12 Envt’l Forum 6 (March/April 1995)

SUPREME COURT MERITS CASES BRIEFED (& ARGUED)

• Monsanto v. Geertson Seed Farms, No. 09-475 (decided June 21, 2010) • Entergy Corp. v. Riverkeeper, No. 07-588 (decided April 1, 2009) (argued) • Massachusetts v. EPA, No. 05-1120 (decided April 2, 2007) (jurisdictional

stage only) • S.D. Warren v. Maine Department of Environmental Protection, 126 S. Ct.

1843 (2006) • South Florida Water Management District v. Miccosukee Tribe, 541 U.S. 95

(2004) • Norfolk & Western Ry v. Ayers, 538 U.S. 135 (2003) (argued)


• Tahoe-Sierra Preservation Council v. Tahoe Regional Planning Agency, 535 U.S. 302 (2002)

• Palazzolo v. Rhode Island, 533 U.S. 606 (2001) • American Trucking Ass’n v. Whitman, 531 U.S. 457 (2001) • Suitum v. Tahoe Regional Planning Agency, 520 U.S. 725 (1997) (argued)

Dolan v. City of Tigard, 512 U.S. 374 (1994) SUPREME COURT MERITS CASES BRIEFED (& ARGUED) (cont.)

• PUD No. 1 of Jefferson County v. State of Washington, 511 U.S. 700 (1994) • City of Chicago v. Environmental Defense Fund, 511 U.S. 328 (1994) (argued)

• • Lucas v. South Carolina Coastal Council, 505 U.S. 1003 (1992) • California v. Federal Energy Regulatory Commission, 495 U.S. 490 (1990) • New Orleans Public Service Commission v. Council of City of New Orleans,

491 U.S. 350 (1989) (argued) • Lorance v. AT&T, 490 U.S. 900 (1989) • Gomez v. United States, 490 U.S. 858 (1989) • Chan v. Korean Air Lines, 490 U.S. 122 (1989) (argued) • Bowen v. Georgetown University Hospital, 488 U.S. 204 (1988) (argued)\ • Shell Oil Co. v. State of Iowa, 488 U.S. 19 (1988) • United States v. Kozminski, 487 U.S. 931 (1988) • Mississippi River Power & Light v. State of Mississippi, 487 U.S. 354 (1988) • EEOC v. Commercial Office Products, 486 U.S. 107 (1988) (argued) • Bennett v. Arkansas, 485 U.S. 395 (1988) (argued only) • Bowen v. Galbreath, 485 U.S. 74 (1988) (argued) • Nollan v. California Coastal Comm'n, 483 U.S. 825 (1987) • Tanner v. United States, 483 U.S. 107 (1987) (argued) • Amoco Production Co. v. Village of Gambell, 480 U.S. 531 (1987) • School Bd. of Nassau County v. Arline, 480 U.S. 273 (1987) • International Paper Co. v. Ouellette, 479 U.S. 481 (1987) • Colorado v. Bertine, 479 U.S. 367 (1987) (argued) • California Federal Savings & Loan Ass'n v. Guerra, 479 U.S. 2727 (1987) • Ansonia Board of Education v. Philbrook, 479 U.S. 60 (1986) • North Carolina Dept. of Transportation v. Crest Street Community Council,

479 U.S. 6 (1986) (argued) • Summa Corp. v. State of California ex rel. State Lands Comm'n, 466 U.S. 198

(1984) • Metropolitan Edison v. People Against Nuclear Energy, 460 U.S. 766 (1983) • Commonwealth Edison v. State of Montana, 453 U.S. 609 (1981) • San Diego Gas & Electric v. City of San Diego, 450 U.S. 621 (1981) • Clover Leaf Creamery v. State of Minnesota, 449 U.S. 456 (1980) • Agins v. City of Tiburon, 447 U.S. 255 (1980)

PRESENTATIONS (2004-Present Only)


Law Schools & Related Associations

The Deepwater Horizon Oil Spill of 2010: Investigating its Root Causes at the Request of the President, University of Houston Law Center Environment, Energy and Natural Resources Center (Houston, Texas, November 16, 2011)

PRESENTATIONS (2004-Present Only) -- Law Schools & Related Associations (cont.) AEP v. Connecticut: Climate Change and the Federal Common Law in the U.S. Supreme Court, Georgetown University Law Center, Washington, D.C. (April 19, 2011) (Moderator)

Striking the Energy/Environment Balance, Advancing a Clean Energy Future, Annual Climate and Energy Symposium, University of San Diego, San Diego, CA (April 15, 2011) (Moderator)

Investigating the Gulf Oil Spill: The Challenges and Opportunities of a Presidential Commission, University of California at Davis School of Law Symposium on the BP Gulf Oil Spill (Keynote address), Davis, CA (April 2011) Investigating the Gulf Oil Spill: The Challenges and Opportunities of a Presidential Commission, University of San Diego School of Law, San Diego, CA (March 2011)

Investigating the Gulf Oil Spill: The Challenges and Opportunities of a Presidential Commission, UCLA School of Law, Los Angeles, CA (February 2011)

Investigating the Gulf Oil Spill: The Challenges and Opportunities of a Presidential Commission, University of Illinois School of Law, Urbana, IL (January 2011)

Supreme Court Nominee Elena Kagan: The Senate Confirmation Process and Justice Kagan's Potential Impact on the Court, Georgetown University Law Center, Washington, D.C. (May 18, 2010)

The Emergence of a Modern Supreme Court Bar: Challenges and Responsibilities, Yale Law School, New Haven, CT (March 2010)

Oral Argument Before the Supreme Court, Panel Presentation for Peter Jennings Project for Journalists and the Constitution, National Constitution Center, Philadelphia, PA (Feb. 2010) The Constitution and the Environment, Keynote Presentation for Program on Environmental Protection in the Balance: Citizens, Courts, and the Constitution, co-sponsored by University of California at Berkeley School of Law, Georgetown University Law Center, and the Environmental Law Institute, Washington D.C. (Feb. 2010)


The Power of Persuasion Before and Within the Supreme Court of the United States, University of Illinois School of Law David C. Baum Memorial Lecture on Civil Liberties and Civil Rights, Urbana, Ill. (Feb. 2010)

PRESENTATIONS (2004-Present Only) – Law Schools & Related Associations (cont.)

Environmental Law and the Supreme Court: The Significance of Advocacy and Opinion Writing at One First Street, N.E., Inaugural Lecture for Installation as Justice William J. Brennan, Jr., Professor of Law, Georgetown University, Washington, D.C. (Feb. 2010)

Stop the Beach Renourishment v. Florida Dept of Envt’l Protection (U.S. Sup Ct), Panel Presentation on Supreme Court Argument In Pending Takings Case, Georgetown University Law Center, Washington, D.C. (Dec. 2009)

Environmental Law in the Supreme Court – Review of October Term 2008 and Preview of October Term 2009, Harvard Law School, Cambridge, MA (Oct. 2009) Docket Capture at the High Court, Yale Supreme Court Advocacy Clinic Conference on Important Questions of Federal Law – Assessing the Supreme Court’s Case Selection Process, National Press Club, Washington, D.C. (Sept. 2009)

The National Environmental Policy Act Before the United States Supreme Court: A Reappraisal and a Peek Behind the Curtains, First World Congress of Environmental History, Copenhagen, Denmark (Aug. 2009)

Environmental Law in the Roberts Court, Vermont Law School, South Royalton, VT (April 2009)

Environmental Law Before the Supreme Court, Tulane Law School Environmental Law Summit, New Orleans, LA (April 2009)

Environmental Litigation Before the U.S. Supreme Court: A Case Study of the Roberts Court, University of Michigan, Ann Arbor, MI (March 2009)

Advocacy Matters: The Emergence of a Modern Supreme Court Bar, Northwestern University School of Law, Chicago, IL (February 2009)

Federal Preemption or State Prerogative – Keynote Lecture, University of San Diego First Annual Climate & Energy Law Symposium, San Diego, CA (Feb. 2009) The Making of Environmental Law, University of Richmond School of Law (Feb. 2009)

The Plain Meaning of Plain Meaning – Entergy v. Riverkeeper, University of Richmond School of Law (Feb. 2009)


Supreme Court October Term 2008 – A Mid Term Review, Roundtable Discussion, Stanford University School of Law, Palo Alto, CA (Feb. 2009)

Super Wicked Problems and Climate Change, Harvard Law School Faculty Workshop Series, Cambridge, MA (Nov. 2008)


Preview of October Term 2008 – Environmental Law, Harvard Law School, Cambridge, MA (Oct. 2008)

Climate Change and Environmental Law, Georgetown University Law Center Summer Faculty Workshop, Washington, D.C. (June 2008) Ulysses, the Sirens of Politics, and Climate Change, New York University School of Law Breaking the Logjam Symposium, New York City, NY (March 2008)

The Challenges of Making Climate Change Law, Panel Presentation, Georgetown University Law Center Faculty Retreat (Feb. 2008)

Supreme Court October Term 2007 – A Mid Term Review, Roundtable Discussion, Stanford University School of Law, Palo Alto, CA (Feb. 2008)

Remaking Environmental Lawmaking to Address Climate Change, New York University School of Law, New York City, NY (Dec. 2007)

Impact of Modern Supreme Court Bar on the Supreme Court’s Docket and Rulings, Georgetown University Supreme Court Institute Speaker Series, Washington, D.C. (Dec. 2007)

Climate Change in Court, Yale Law School Symposium on Energy Law, New Haven, CT (Nov. 2007) Impact of Modern Supreme Court Bar on the Supreme Court’s Docket and Rulings, Yale Law School, New Haven, CT (Nov. 2007)

Reflections on Lucas v. South Carolina Coastal Council, Fifteen Years Later, University of South Carolina School of Law, Columbia, SC (Oct. 2007) Modern Supreme Court Bar and Its Impact on U.S. Supreme Court Docket and Rulings, University of Illinois School of Law, Urbana, IL (Oct. 2007)

October Term 2007, Panel Presentation, Georgetown University Supreme Court Institute Annual Press Brief, Washington, D.C. (Sept. 2007)

Supreme Court Advocacy, Georgetown University Faculty Workshop Series, Washington, D.C. (June 2007)


Environmental Law in the Supreme Court, Harvard Law School, Worldwide Alumni Congress, Washington, D.C. (June 2007)

Climate Change and Environmental Justice, Georgetown University Envt’l Law Society Speaker Series, Washington, D.C. (April 2007)


The Making of Environmental Law, Washington & Lee School of Law, Lexington, VA (2007) (March 2007) The Making of Environmental Law, George Washington University School of Law Annual Meeting of the National Association of Environmental Law Societies, Washington, D.C. (March 2007)

Climate Change and Environmental Justice, University of Colorado School of Law, Boulder, CO (March 2007)

Supreme Court October Term 2006 – A Mid Term Review, Roundtable Discussion, Stanford University School of Law, Palo Alto, CA (Feb. 2007) Massachusetts v. EPA, Panel Presentation, Georgetown University Supreme Court Institute, Washington, D.C. (Dec. 2006)

Global Climate Change and Regulatory Takings, University of California at Berkeley School of Law, Berkeley, CA (Oct. 2006)

Environmental Law After Katrina, Tulane University School of Law, New Orleans, LA (Oct. 2006)

The Emergence and Evolution of Modern Environmental Law, Keynote Address, Indiana University School of Law, Bloomington, IN (Sept. 2006)

The Clean Air Act Before the Supreme Court – October Term 2006, American University School of Law, Washington, D.C. (Sept. 2006) SCRAP v. United States – Decisionmaking Within the U.S. Supreme Court, George Washington University School of Law, Washington, D.C. (Sept. 2006)

Environmental Law in the Supreme Court – Preview of October Term 2006, William & Mary University School of Law Annual Supreme Court Preview, Williamsburg, VA (Sept. 2006)

Environmental Law, the Commerce Clause, and the U.S. Supreme Court, Columbia University School of Law, New York City, NY (April 2006)


The Clean Water Act, Environmental Federalism and the Roberts Court, Harvard Law School, Cambridge, MA (March 2006) The Making of Environmental Law, University of Michigan School of Law, Ann Arbor, MI (March 2006)


Crystals and Mud in Nature, Yale Law School Celebration of Carol Rose, New Haven, CT (Nov. 2005)

Whither Takings, Harvard Law School, Cambridge, MA (Oct. 2005)

Human Nature, the Laws of Nature, and the Nature of Environmental Law, University of Virginia, Charlottesville, VA (Oct. 2005)

Confirmation Politics, Panel Presentation, William and Mary School of Law, 18th Annual Supreme Court Review and Preview, Williamsburg, VA (Sept. 2005)

Regulatory Takings Law in the Supreme Court: October Term 2004, Georgetown University Law Center Environmental Law and Policy Institute, Washington, D.C. (June 2005) Environmental Law in the U.S. Supreme Court and the Papers of Justice Harry Blackmun, Georgetown University Law Center Faculty Workshop Series, Washington, D.C. (June 2005)

The Making of Environmental Law, Duke University School of Law, Durham, NC (March 2005)

The Making of Environmental Law, Harvard Law School, Cambridge, MA (Feb. 2005)

Congressional Descent: The Demise of Deliberative Democracy in Environmental Law, Harvard Law School, Cambridge, MA (Feb. 2005) The Making of Environmental Law, AALS Annual Meeting, San Francisco, CA (Jan. 2005) The Making of Environmental Law, Boalt Hall, Berkeley, CA (Nov. 2004)

Regulatory Takings and the Blackmun Papers, Boalt Hall, Berkeley, CA (Nov. 2004)

Professor Frank Michelman and the Regulatory Takings Issue, William & Mary School of Law, Williamsburg, VA (Nov. 2004)

The Making of Environmental Law, UCLA School of Law, Los Angeles, CA (Oct. 2004)


Regulatory Takings in the Supreme Court, UCLA School of Law, Los Angeles, CA (Oct. 2004)

The Making of Environmental Law, University of Illinois School of Law, Urbana, IL (Oct. 2004)


Regulatory Takings and the Blackmun Papers, University of Illinois School of Law, Urbana, IL (Oct. 2004)

Governmental, NonProfit, Bar, and Other Organizations

Forging a New Pathway to National Climate Change Legislation, Harvard Thinks Green, Harvard University (Cambridge, MA, December 8, 2011) Investigating the Gulf Oil Spill: Challenges and Opportunities, ETIP/Consortium Energy Policy Seminar Series, John F. Kennedy School of Government, Harvard University (Cambridge, MA, December 5, 2011) Investigating the Gulf Oil Spill: Challenges and Opportunities, Harvard University Center for the Environment (Cambridge, MA November 8, 2011) Pure Economic Loss After Industrial Accidents, Munich RE: Eighth Annual Liability Regimes Conference (Munich, Germany, October 27, 2011) The Deepwater Horizon Oil Spill in the Gulf of Mexico, Analysis Group Senior Staff Meeting (New York City, NY, October 11, 2011) Crisis Management in the Deepwater Horizon Oil Spill and Its Investigation, John F. Kennedy School of Government, Harvard University (Cambridge, MA, September 14, 2011) Investigating the Gulf Oil Spill: The Challenges and Opportunities of a Presidential Commission, Resources for the Future, Washington, D.C. (April 2011)

Investigating the Gulf Oil Spill: The Challenges and Opportunities of a Presidential Commission, ABA Section Meeting on Natural Resources, Energy, and Environmental Law, Salt Lake City, Utah (March 2011)

Investigating the Gulf Oil Spill: The Challenges and Opportunities of a Presidential Commission, Environmental Policy Forum, Washington, D.C. (March 2011)

Commencement Address, University High School, Urbana, IL (May 2010)


Super Wicked Problems and Climate Change Legislation, Russell Office Building United States Senate, Program Co-Sponsored by Vanderbilt Law School and the Environmental Law Institute (April 2010) Environmental Law in the Supreme Court – October Term 2009, ALI-ABA Annual Conference on Environmental Law, Washington, D.C. (Feb 2010)

PRESENTATIONS (2004-Present Only) – Governmental, NonProfit, Bar and Other Organizations (cont.)

American Original: The Life and Constitution of Supreme Court Justice Antonin Scalia by Joan Biskupic: Panel Presentation Book Review, Woodrow Wilson Center for International Scholars, Washington, D.C. (Dec. 2009) Centennial of the U.S. Department of Justice Environmental and Natural Resources Division – 1909-2009; Keynote Presentation, U.S. Department of Justice, Washington, D.C. (November 2009)

Supreme Court of the United States: October Term 2009 Preview: Panel Presentation, Smithsonian Institute, Washington, D.C. (Nov. 2009)

Supreme Court of the United States: October Term Preview of Business Cases, Analysis Group, Inc, Boston, MA (Nov. 2009)

Environmental Law in the Supreme Court – Review of October Term 2008 and Preview of October Term 2009, Annual Meeting of the California Environmental Bar, Yosemite Valley, CA (Oct. 2009)

Environmental Law in the Supreme Court – Review of October Term 2008 and Preview of October Term 2009, Environmental Law Institute, Washington, D.C. (Oct. 2009)

Environmental Law in the Roberts Court, Environmental Law Institute West Coast Meeting, Los Angeles, CA (Jan. 2009) Harry A. Blackmun: The Outsider Justice by Tinsley Yarbrough, Panel Presentation Book Review, Woodrow Wilson Center for International Scholars, Washington, D.C. (Dec. 2008)

Environmental Law, Climate Change, and the New Administration, Keynote Address, Sheriff’s Meadow Annual Dinner, Martha’s Vineyard, MA (July 2008)

The Emergence of a Modern Supreme Court Bar, Coke Inn of Court, Washington, D.C. (March 2008)

Environmental Law in the Supreme Court – October Term 2007, ALI/ABA Annual Meeting on Environmental Law, Washington, D.C. (February 2008)


The Supreme Court’s October Term 2007 – Preview, Smithsonian Institute Program, Washington, D.C. (Nov. 2007)

The Emergence of a Modern Supreme Court Bar, Analysis Group, Inc. Annual Meeting, Boston, MA (Nov. 2007)


Environmental Law in the Supreme Court – Review of October Term 2006 and Preview of October Term 2007, Environmental Law Institute, Washington, D.C. (Oct. 2007) The Role of the States in Environmental Law, Keynote Address, Annual Meeting of the Maryland Attorney General, Baltimore, MD (Oct. 2007)

Decisionmaking within the U.S Supreme Court, Street Law Program for High School Teachers, Washington, D.C. (June 1007)

Clean Air Act in the Supreme Court, Clean Air Energy Group, Washington, D.C. (June 2007)

Environmental Law in the Roberts Court – October Term 2006, National Association of Attorneys General Annual Meeting, Washington, D.C. (May 2007)

Massachusetts v. EPA – A Preliminary Analysis, ALI/ABA Annual Meeting on International Environmental Law, Washington, D.C. (April 2007)

Environmental Law in the Supreme Court – October Term 2006, ALI-ABA Annual Conference on Environmental Law, Washington, D.C. (Feb 2007)

Climate Change in the Supreme Court, Annual Meeting of the Federalist Society, Washington, D.C. (Nov. 2006) Supreme Court Advocacy and Environmental Law Before the Supreme Court, American Farm Bureau Federation Meeting, Washington, D.C. (Sept. 2006)

Decisionmaking within the U.S Supreme Court, Street Law Program for High School Teachers, Washington, D.C. (June 1006)

Environmental Law in the Roberts Court, National Association of Attorneys General Annual Meeting, Washington, D.C. (April 2006)



The Making of Environmental Law, ALI-ABA Annual Conference on Environmental Law, Washington, D.C. (Feb 2006) Confirmation Mess or Intelligent Design, The Marbury Institute, Washington, D.C. (January 2006)

The Making of Environmental Law , Keynote Address, Annual Meeting of the California Environmental Bar, Yosemite Valley, CA (Oct. 2005)


Environmental Law in the Supreme Court and the Ninth Circuit, Panel Presentation, Annual Meeting of the California Environmental Bar, Yosemite Valley, CA (Oct. 2005) Teaching Environmental Law, Annual Meeting of the California Environmental Bar, Yosemite Valley, CA (Oct. 2005)

Review of Joan Biskupic’s Book: Sandra Day O’Connor: How the First Woman on the Supreme Court Became Its Most Influential Justice, Woodrow Wilson Center for International Scholars, Washington, D.C. (Oct. 2005)

The Confirmation of Chief Justice John G. Roberts, Jr., and Environmental Law,

Environmental Defense Fund, New York City, NY (Oct. 2005)

The Making of Environmental Law, U.S. Environmental Protection Agency Speaker Series (Sept. 2005)

The Making of Environmental Law, Martha's Vineyard Book Festival, Chilmark, MA (August 2005)

Regulatory Takings and the Blackmun Papers, Federal Circuit Judicial Conference, Kiawah Island, SC (June 2005)

Environmental Law in the U.S. Supreme Court October Term 2004, American Constitution Society Supreme Court Review, Washington, D.C. (June 2005):

Regulatory Takings and Eminent Domain Law in the Supreme Court: October Term 2004, Annual Meeting of the National Association of State Attorneys General and Solicitors General, Yellowstone National Park (June 2005)

The Making of Environmental Law, U.S. Court of Appeals for the D.C. Circuit: Law Clerk’s Roundtable, Washington, D.C. (June 2005)

The Making of Environmental Law, Bar of the City of New York, New York City, NY (June 2005)


The Making of Environmental Law, Resources for the Future, Washington, D.C. (May 2005)

The Making of Environmental Law, National Association of Environmental Law Societies, West Point, NY (April 2005)

The Making of Environmental Law, ABA Annual Winter Environmental Law Meeting, Keystone, CO (March 2005)


The Making of Environmental Law, National Archives of the U.S., Washington, D.C. (March 2005)

The Making of Environmental Law, U.S. Congress, Staff of Environmental Committee, Washington, D.C. (Feb. 2005)

The Making of Environmental Law, U.S. Department of Justice Environment and Natural Resources Division, Washington, D.C. (Feb. 2005)

The Making of Environmental Law, District of Columbia Bar, Washington, D.C. (Dec. 2004)

The Making of Environmental Law, Politics & Prose, Washington, D.C. (Oct. 2005)

The Making of Environmental Law, Woodrow Wilson Center for International Scholars, Washington, D.C. (Sept. 2004)

Environmental Law in the Supreme Court – Review of October Term 2003 & Preview October Term 2004, Texas Bar Ass’n, Dallas Texas (July 2004)

Environmental Law in the Supreme Court – Review of October Term, Arnold & Porter Environmental Practice Lunchtime Speaker Series (June 2004)


Environmental Law and the Supreme Court, Beveridge & Diamond Lunchtime Speaker Series, Washington, D.C. (Feb. 2004)

COURSES & SEMINARS TAUGHT Courses: Advanced Environmental Law, Appellate Advocacy, Environmental Law,

Environmental Law in Theory and Application, Law in A Global Context (Week One), Natural Resources Law, Remedies, and Torts


Seminars: Advanced Environmental Law, Environmental Enforcement,

Environmental Law in the Supreme Court, Environmental Research Workshop, Hazardous Waste Law, and Supreme Court Advocacy

SIGNIFICANT LAW SCHOOL ADMINISTRATIVE WORK (Georgetown Only)

Academic Standards, Curriculum, and Teaching Committee, Chair (2009-2010) SIGNIFICANT LAW SCHOOL ADMINISTRATIVE WORK (Georgetown Only) (cont.)

Admissions Committee, Chair (2006-2007, 2007-2008), Member (2000-2001, 2001-2002, 2003-2004, 2005-2006)

Career Services Committee, Chair (1997-1998, 1998-1999)

Dean Search Committee, Member (2003-2004)

Faculty Appointments Committee, Chair Lateral Appointments (2004-2005), Member (2001-2002, 2007-2008)

Long Range Planning/Self Study Committee, Member (1997-1998, 1998-1999, 2000-2001, 2007-2008)

Public Interest Law Scholars Advisor (1996-2011)

Special Committee for the Review of the Public Interest Law Scholars Program (2001-2002, 2002-2003)

Supreme Court Institute, Faculty Director (1999-2011) (Co-Director with Professor Steven Goldblatt since 2004)

ADVISORY BOARDS (1994-Present Only)

American Bar Ass'n Section on Water Law, Chair (past)

American Ass’n of Law Schools Section on Environmental Law, Chair (past)

American Ass’n of Law Schools Section on Natural Resources Law, Chair, (1997-1998) (Vice-Chair, 1996-1997)

Analysis Group, Board of Directors, Boston, MA (2007-May 2010; May 2011-present)

Environmental Defense Fund Board of Directors, New York City, NY (May 2010-June 2010; May 2011- present) (Member, Litigation Review Committee (1992 - present)


Georgetown Environmental Law & Policy Institute Advisory Board (1999- 2011) Environmental Law Institute Environmental Law Reporter Advisory Committee (1995-present)

Harvard Environmental Law Review Advisory Board, Cambridge, MA (1995-present)

U.S. Environmental Protection Agency National Environmental Justice Advisory Council, Washington D.C. (1994-1997, 2005-2006)

ADVISORY BOARDS (1994-Present Only) (cont.)

U.S. Environmental Protection Agency Title VI of the Civil Rights Act Implementation Advisory Committee, Washington, D.C. (1998-1999)

U.S. Environmental Protection Environmental Justice Assessment Group, Washington, D.C. (1998-1999)

World Wildlife Fund National Council, Washington, D.C. (1995-2000)

RICHARD JAMES LAZARUS - Harvard Law School · Richard James Lazarus Page 2 EXPERIENCE – Academic...

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