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Publications

Law Review Publications

 
“Redrawing Our Urban Waters: Merging Design, Law, and Policy in Advancing Distributed Water Systems” co-authored with Brook Muller, Josh Cerra, Chingwen Chen, David Feldman, Tatum Lau, Noelwah Netusil, and Erik Porse, chapter in Routledge Handbook on Sustainable Cities and Landscapes (in publication cycle, expected in edited volume Fall 2021).
 
“Scope and Limitations of Drought Management within Complex Human-Natural Systems” co-authored with William K. Jaeger, David Conklin, Christian Langpap, Kathleen Moore, and Andrew Plantinga, 2 Nature Sustainability 710 (peer reviewed) (2019) DOI 10.1038/s41893-019-0326-y, available at https://www.nature.com/articles/s41893-019-0326-y.
 
"Scarcity Amid Abundance: Water, Climate Change, and the Policy Role of Regional System Models," co-authored with William K. Jaeger, Daniel P. Bigelow, Heejun Chang, David R. Conklin, Roy Haggerty, Christian Langpap, Kathleen Moore, Philip W. Mote, Anne Nolin, Andrew J. Plantinga, Cynthia Schwartz, Desiree Tullos, and David T. Turner, (Willamette Water 2100 Project) Proceedings of the National Academy of Sciences (peer reviewed) (October 23, 2017) DOI:10.1073/pnas.1706847114, available at https://www.pnas.org/content/114/45/11884.

“Evaluating Instream Flow Programs: Innovative Approaches and Persistent Challenges in the Western United States,” co-authored with Christopher R. Swensen, 61 Rocky Mt. Min. L. Inst. 22-1 (November 2015) (peer reviewed).    | Bepress | PDF | SSRN |

“Developing the Law of the River: The Integration of Law and Policy into Hydrologic and Socio-Economic Modeling Efforts in the Willamette River Basin,” 62:4 Kansas University Law Review, May 2014.  | Bepress | PDF | SSRN |

“Dam Removal and Hydropower Production in the U.S.—Ushering in a New Era,” 29(1) Journal of Environmental Law & Litigation, May 2014, | Bepress | PDF | SSRN

'Advancing Freshwater Conservation in the Context of Energy and Climate Policy: Assessing Progress and Identifying Challenges in the Western United States,' 12:1 Denver Water Law Review, Fall 2008. | Bepress | PDF |

'Hydropower Reform and the Impact of the Energy Policy Act of 2005 on the Klamath Basin: Renewed Optimism or Same Old Story?,' 22(1) Journal of Environmental Law & Litigation, Summer 2007. | SSRN | Bepress | PDF | Online |

'The Use of State Instream Flow Laws for Federal Lands: Respecting State Control while Meeting Federal Purposes' 36:4 Environmental Law, December 2006. | SSRN | Bepress | PDF |

Books

WATER LAW IN A NUTSHELL, SIXTH EDITION, co-authored with Zellmer, West Academic Publishing, (June 2015).

Professional Writing

“BUILDING TRUST: Public Trust Principles in State Water Law that Encourage Sustainable Management of Water Resources and Promote Principles of Intergenerational Equity” co-authored with Michelle Smith for the Natural Resources Defense Council and the Northlight Foundation, (August 2020), available at https://law.uoregon.edu/academics/centers/enr/research/ocwp.

“Implementing the UO Environment Initiative: Report on Campus Engagement Process and Recommendations for Implementation,” co-authored with Jill Elizabeth, available at https://environment.uoregon.edu/sites/environment2.uoregon.edu/files/2021-04/4.6.21.eireport.pdf.”
 
“Mechanisms for Protecting Groundwater-Dependent Ecosystems,” co-authored with Clinton Donegan Burke, for The Nature Conservancy, August 2018, available at https://law.uoregon.edu/images/uploads/entries/Mechanisms_for_Protecting_Groundwater.pdf.
 
“Why it makes little sense to regulate rainwater barrels in the dry western U.S.,” theconversation.com, March 25, 2016. | Online |

Scenarios of Future Water Availability in the Willamette River Basin Driven By Climate Change, Economics and Population to the Year 2099, Draft Executive Summary, December 2, 2015. | Online |

“Why the BLM’s Decision on Cadiz Was the Right One,” San Bernardino Sun Times, October 31, 2015. | Online |

“EPA’s Clean Water Rule: What’s at Stake and What Comes Next,” The Conversation, June 3, 2015. | Online |

Policy Letter for National Parks Conservation Association, to U.S. Department of the Interior, March 2010.

'Freshwater Conservation: A Review of Oregon Water Law & Policy,' for The Nature Conservancy, August 2008 (available through the Nature Conservancy Office in Portland, Oregon). | PDF |

'Policy Agenda Connecting Energy, Climate, and Water: Working within the Prior Appropriation System,' International Municipal Lawyers Association, Published Conference Proceedings, September 2008.

'More Dam Process: Relicensing of Dams and the 2005 Energy Policy Act,' co-authored with Rick Eichstaedt and Rebecca Sherman, 50:6/7 The Advocate: Official Publication of the Idaho State Bar 33, June/July 2007. | SSRN | Bepress | PDF |

'Environmental Law Teachers' Perspectives on Preparing New Lawyers for Practice,' co-authored with Sean B. Hecht and Janice L. Weis, American Bar Association 36th Conference on Environmental Law Published Proceedings, Keystone, Colorado, March 8-11, 2007. Awarded a Certificate of Recognition for 'Best Paper at 36th Annual Conference on Environmental Law.' | SSRN | Bepress | PDF|

'Emerging Water Law Trends in the Eastern United States: Will the Eastern Story Differ from the Western Experience?' American Bar Association, Eastern Water Resources: Emerging Issues in Competition, Science & Politics, Published Proceedings, May 11, 2006. | Online |

'Measure 37 is Overturned' Invited Opinion Editorial, Oregonian, October 23, 2005.

'Ecosystem Management and the Role of Water Resources,' American Bar Association, Sustainable Development, Climate Change and Ecosystems Committee Newsletter, Volume 7, Issue 2 (March 2004). | SSRN | Bepress  | PDF |