Site hosted by Angelfire.com: Build your free website today!

Faculty

Tulane's environmental law faculty and program directors are noted for the quality of their teaching and research, and for their involvement in ongoing issues at the national, state and local levels.

PROFESSOR OLIVER HOUCK is a graduate of Harvard College and Georgetown Law Center, with several intervening years with the U.S. Army. He served as an Assistant U.S. Attorney in Washington, DC, and subsequently as General Counsel to the National Wildlife Federation, prior to joining the Tulane faculty in 1981. He has since become one of the most respected environmental law scholars and lecturers in the country, publishing widely on water, wetlands and wildlife issues. He currently serves on a committee of the National Academy of Sciences, and on boards of the Environmental Defense Fund, the Defenders of Wildlife and the environmental Law Institute. At the local level, Mr. Houck was voted Louisiana Conservationist of the Year (1985) and New Orleanian of the Year (1986); he has been instrumental in successful efforts to protect Louisiana's Atchafalaya swamp, create the Bayou Sauvage National Wildlife Refuge on the outskirts of New Orleans, and to restore Lake Pontchartrain. He regularly leads students outings to bayous, marshes and other Louisiana natural areas.

PROFESSOR ROBERT KUEHN, director of Tulane's environmental law clinic, is a graduate of Duke University, George Washington University School of Law, Columbia University School of Law, and Harvard University School of Public Health. After graduation from law school, he clerked for judges on the U.S. District Court for the Southern District of Florida and the U.S. Court of Appeals for the Eleventh Circuit. Prior to joining the Tulane faculty, Professor Kuehn was an attorney in the Environmental Enforcement Section of the U.S. Department of Justice in Washington, D.C., and worked as a Special Assistant U.S. Attorney with the U.S. Attorney's office in Washington, D.C. While with the Justice Department, he prosecuted civil enforcement actions under a wide range of pollution control and hazardous waste laws. At Tulane, in addition to his teaching responsibilities, he has authored articles on enforcement, risk assessment, and environmental justice issues. Mr. Kuehn tends to reserve his free time for visits to less-developed countries of the world; he recently returned from an extended trip through South America.

PROFESSOR KIRSTEN ENGEL is a graduate of Brown University where she received Phi Beta Kappa honors in English and American Literature, and Northwestern University School of Law, where she was note and comment editor for the Northwestern University Law Review. She then clerked for Myron H. Bright, Senior Circuit Judge on the U.S. Court of Appeals for the Eighth Circuit, prior to joining the Office of General Counsel of the U.S. Environmental Protection Agency and, still later, the Sierra Club Legal Defense Fund. While with the Environmental Protection Agency, Ms. Engel provided legal advice to agency staff concerning rulemaking, litigation, and clean-up actions under Superfund, the Resource Conservation and Recovery Act and the Emergency Planning and Community Right-to-Know Act. Ms. Engel joined the Tulane law faculty in 1992, where she specializes in pollution control, hazardous waste, toxic substance regulation and administrative law. Her publishing interests include federalism and theories of environmental regulation, Constitutional law and resource protection, Brownfields redevelopment, and environmental justice issues. Ms. Engel currently serves as the faculty advisor to the Tulane Environmental Law Journal. In what free time she has, Ms. Engel enjoys music of all types as well as the city-side of New Orleans life.

PROFESSOR GUNTHER HANDL, Eberhard Deutsch Professor of Public International Law at Tulane, received his legal education at Graz (Austria), Cambridge and Yale Universities. He has been a fellow at the Max-Planck-Institute of Public International Law in Heidelberg and taught at various universities in the United States and Europe. Mr. Handl is the editor-in-chief of the Yearbook of International Environmental Law and has worked as a consultant for, inter alia, the United Nations Environment Programme, the Organization for Economic Co-operation and Development and the Asian Development Bank. He also served as an adviser to the Austrian Delegation to the United Nations Conference on Environment and Development, Rio de Janeiro, 1992. Mr. Handl loves art, books and good wines, not necessarily in this order.

JERRY SPEIR, director of the Tulane Institute of Environmental Law and Policy, holds an L.L.M. from Yale and J.D., from Loyola (New Orleans), where he was Editor in Chief of the Loyola Law Review. At Yale, he served as a Senior Editor of the Yale Journal of International Law and was the recipient of a Ford Foundation fellowship in support of his dissertation research on international environmental accidents and the law. He has been an active participant in environmental discussions in Louisiana for almost twenty years. He has traveled extensively in Central and South America and has taught a seminar in U.S. Constitutional Law at the Law School of the University of Chile. His research interests include: toxic torts, hazardous and municipal waste policy, and comparative environmental law in Central and South America. In addition to a novel and two books about detective writers, he has also published in the Loyola Law Review and the Tulane Environmental Law Journal. This experience notwithstanding, he says that the two things on his resume that tend to attract attention are that he has been, at other times, a helicopter pilot in the Army and a taxi driver in New York City.

Other full time faculty offering regular courses in the environmental law curriculum include: Professors RAY DIAMOND and KEITH WERHAN (Administrative Law), ROBERT FORCE, (Marine Pollution), DAVID GELFAND(Land Use, Local Government Law), and GLYNN LUNNEY (Land Use). Biographical information concerning these and other professors is available from the Tulane Law School page.

Adjunct faculty teach specialized courses in environmental law and represent a broad range of practical experience. ALLAN KANNER (Toxic Torts) brings toxic injury litigation on behalf of private plaintiffs around the country; LLOYD SHIELDS and JAMES LOGAN (Historic Preservation Law) are leaders of the New Orleans historic preservation community and regularly involved in initiatives and litigation for urban environmental protection.

Tulane also receives visiting scholars on a regular basis from federal environmental agencies, public interest organizations and foreign universities, offering additional specialized courses. In 1994-5,RANDY HILL of the U.S. Environmental Protection Agency's Office of General Counsel presented full-time courses in Water Law and in Turf Wars: Jurisdictional Problems in Environmental Protection. In the spring of 1996, MICHAELGOODSTEIN, a Senior Attorney with the Environmental Enforcement Section of the U.S. Department of Justice, taught a course in Hazardous and Solid Waste Regulation. William Lazurus, an attorney in the Appellate section of the Environment and Natural Resources Division of the U.S. Department of Justice, joins us in the spring of 1997 to teach our course in Hazardous and Solid Waste Regulation.

A publication list of the primary environmental law faculty and staff members appears below.

OLIVER HOUCK

Articles

"Reflections on the Endangered Species Act," ENVIRONMENTAL LAW,(Lewis and Clark), 1995. (Unannotated version published in Land and Natural Resources Journal, ABA, Summer 1995).

"Federalism in the Wetlands: A consideration of delegation of Clean Water Act Section 404 and related programs to the states," MARYLAND LAW REVIEW (to be published in Fall 1995) (co-authored).

"Why Do We Protect Endangered Species and What Does That Tell Us About Whether Restrictions on Private Property to Protect Them Constitute Takings?", IOWA LAW REVIEW, 1995.

"The Secret Opinions of the United States Supreme Court on Leading Cases in Environmental Law, Never Before Published!", COLORADO LAW REVIEW, 1994.

"Of Bats, Birds and BAT: The Convergent Evolution of Environmental Law," MISSISSIPPI LAW JOURNAL, Winter 1994; reprinted in Land Use and Environmental Law Review (1995).

"The Endangered Species Act and its Implementation by the U.S. Departments of Interior and Commerce," COLORADO LAW REVIEW, 1993.

"Environmental Law in the Fifth Circuit, 1991-2," LOYOLA LAW REVIEW, August 1993 (co-authored).

"Environmental Law in the Fifth Circuit, 1990-91," LOYOLA LAW REVIEW, December 1992 (co-authored).

"The Regulation of Toxic Discharges under the Clean Water Act," ENVIRONMENTAL LAW REPORTER, September 1991.

"Hard Choices: The Analysis of Alternatives Under Section 404 of the Clean Water Act and Related Environmental Laws", COLORADO LAW REVIEW, July 1989.

"Ending the War: Towards a Strategy to Save America's Coastal Zone," MARYLAND LAW REVIEW, Winter 1988.

"President X and the New (Approved) Decisionmaking", AMERICAN UNIVERSITY LAW REVIEW, April 1987.

"This Side of Heresy: Conditioning Louisiana's Ten Year Industrial Tax Exemption," TULANE LAW REVIEW, December 1986.

"Rising Water: The National Flood Insurance Program and the State of Louisiana", TULANE LAW REVIEW, October 1985.

"With Charity for All: The Qualification of Business-sponsored Public Interest Law Firms as Charities under the Internal Revenue Code", YALE LAW JOURNAL, July 1984.

"Land Loss in Coastal Louisiana: Causes, Consequences and Remedies", TULANE LAW REVIEW, October 1983.

"The Institutionalization of Caution under Section 7 of the Endangered Species Act: What Do You Do When You Don't Know?," ENVIRONMENTAL LAW REPORTER, April 1982.

"Judicial Review under the Fish and Wildlife Coordination Act: A Plaintiff's Guide to Litigation," ENVIRONMENTAL LAW REPORTER, August 1981.

Other Published Research

"Scientific Issues in the Endangered Species Act," National Research Council,National Academy of Science 1995, multiple-authored.

"Coming to Grips with BioDiversity," TULANE ENVIRONMENTAL LAW JOURNAL, Winter 1994.

"The Role of Technology in Marine Habitat Restoration and Enhancement," National Research Council, National Academy of Science (1994) (multiple-authored).

Book Review, "Going Too Far: A Review of "Breaking the Vicious Circle, Toward Effective Risk Regulation," ENVIRONMENTAL LAW REPORTER, February 1994.

Peer Review, Tongass National Forest Land Management Plan (to be published in 1994)(multiple-authored).

"The Tulane Environmental Project, Phase 2: Procurement," Tulane University, May 1992(co-authored).

"An Open Letter to EPA Administrator William K. Reilly," National Wetlands Newsletter(July/August 1991).

"The Tulane Environmental Project, Phase 1: Recycling," Tulane University, April 1991(co-authored).

"More Net Loss of Wetlands: The Army-EPA Agreement on Mitigation," ENVIRONMENTAL LAW REPORTER, June, 1990.

"Legal Options to Address the Importation of Hazardous and Solid Waste into Louisiana, "Louisiana Department of Environmental Quality, 1990 (co-authored).

"To Restore Lake Pontchartrain", Greater New Orleans Expressway Commission, March 1989 (co-authored).

"Right-to-Know Legislation", La. Legislative Research Project, 1985.

Book Review, "The Second Battle of New Orleans: A History of the Vieux Carre River Front Expressway Controversy", TULANE LAW REVIEW, December 1982.

General publications

More than two dozen articles published in, inter alia, The Washington Post, Harvard Magazine, The New York Times, Field and Stream, Environmental Policy Forum, National Wildlife, Amicus Journal, Washington Tribune, The Times Picayune/The States Item, High Country News, Sierra, Southern Exposure, Audubon Magazine, International Wildlife, Outdoor America, Water Spectrum, New Orleans Magazine, Louisiana Life, National Wetlands Newsletter, Ranger Rick's Nature Magazine (National Education Press Awards 1975, 1976), and Gambit Magazine (New Orleans Press Club Award 1983).

ROBERT KUEHN:

Books and Articles

CERCLA Liability, in ENVIRONMENTAL LAW PRACTICE GUIDE (1998).

An Analysis of the Compatability of Quantitative Risk Assessment With the Principles of Environmental Justice in the United States, 2 RISK DECISION 259 (1997).

The Shifting Sands of Federal Barrier Islands Policy, 5 HARV. ENVTL. L. REV. 217(1981).

Federal Programs Affecting Barrier Islands Development, ENVTL. COMMENT, Feb.(1981).

The Coastal Barrier Resources Act and the Expenditures Limitation Approach to Natural

Resources Conservation: Wave of the Future or Island unto Itself? 11 ECOLOGY L.Q. 583(1984).

Remedying the Unequal Enforcement of Environmental Laws, 9 ST. JOHN'S J. LEGAL COMMENT. 625 (1994).

The Environmental Justice Implications of Quantitative Risk Assessment, 1996 ILL. L. REV. 103 (1996).

The Limits of Devolving Enforcement of Environmental Laws, 70 TULANE L. REV.2373 (1996).

Other

Legal Strategies for Environmental Justice Representation (1996) (co-authored).

Report on Legal Options to Address the Importation of Hazardous and Solid Waste into Louisiana (1990) (co-authored).

CITIZEN'S GUIDE TO ENVIRONMENTAL ACTIVISM IN LOUISIANA (editor)(1991).

KIRSTEN ENGEL

Books and Articles

The Dormant Commerce Clause Threat to State Market-Based Environmental Regulation: The Case of Electricity Deregulation, __ Ecology L. Q. __ (May issue, 1999).

A Comparative Study of Solid Waste Landfill Regulation: Case Studies on the Permitting Process in the United States, The United Kingdom, and the Netherlands in Regulatory Encounters: Multinational Corporations and American Adversarial Legalism (Kagan and Axelrad, eds.) (with Holly Welles) (submitted to academic presses Oct. 1998).

"Facts are Stubborn Things": An Empirical Reality Check in the Theoretical Debate Over the Race-to-the-Bottom in State Environmental Standard-Setting, __ Cornell J. L & Pub. Pol'y __ (Symposium Issue, 1998-99) (with Scott Saleska).

Brownfields Initiatives and the Requirements of Market-Based, Rights-Based, and Pragmatic Conceptions of Environmental Justice, __ J. Nat. Res. & Envtl. L. ___ (Symposium Issue, 1998-99).

State Environmental Standard-Setting: Is There a "Race " and Is It "to-the-Bottom"? 48 Hastings L.J. 271 (1997).

International Management of Hazardous Waste: The Basel Convention and Related Legal Rules (Book Review) 6 YB. Int'l Envt'l L. 737 (1996).

Reconsidering The National Market in Solid Waste: Trade-offs In Equity, Efficiency, Environmental Protection and State Autonomy, 73 N.C. L. Rev. 1481 (1995).

Anthony D'Amato & Kirsten Engel, International Environmental Law Anthology (Anderson 1996).

Environmental Standards as Regulatory Common Law: Toward Consistency in Solid Waste Regulation, 21 N. M. L. Rev. 13 (1990).

Taking Risks: Executive Order 12630 and Environmental Health and Safety Regulation, 14 Vt. L. Rev. 213 (1989).

Anthony D'Amato & Kirsten Engel, State Responsibility for the Exportation of Nuclear Power Technology, 74 Va. L. Rev. 1011 (1988).

Books

Multilateral Development Bank Operations in Developing Member Countries: Environmental Principles and Concepts Reflecting General International Law and Public Policy, (Manila: Asian Development Bank, forthcoming).

Grenzüberschreitendes nukleares Risiko und völkerrechtlicher Schutzanspruch (Berlin: Duncker & Humblot, 1992).

Transferring Hazardous Technology or Substances: The International Legal Challenge (Collection of essays co-edited with Robert Lutz; Dordrecht: Martinus Nijhoff Publishers, 1989).

Yearbook of International Environmental Law, editor-in-chief, 1990-1997, (Graham & Trotman/Martinus Nijhoff vols. 1-3; Oxford University Press, vols. 4-7).

 

 

Articles/Reports

"The Legal Mandate of Multilateral Development Banks as Agents for Change toward Sustainable Development,"92 American Journal of International Law 642 (1998).

"The Present State of International Environmental Law: Some Cautionary Observations," Environmental Policy and Law, (forthcoming, 1998).

"Regional Arrangements Having Effects on Third State Vessels: Is the Pacta Tertiis Principle Being Modified?" in H. Ringbom, ed., Competing Norms in the Law of Marine Environmental Protection - Focus on Ship Safety and Pollution Prevention 217 (1997).

"Compliance Control Mechanisms and International Environmental Obligations," 5 Tulane Journal of International & Comparative Law 29 (1997).

"Monitoring Implementation of, and Compliance with, the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Other Wastes and Their Disposal," Report for the Secretariat of the Basel Convention on Transboundary Movements of Wastes, Doc. UNEP/SBC, 1995.

"Sustainable Development: General Rules versus Specific Obligations," in W. Lang, ed., Sustainable Development and International Law 35 (1995).

"Controlling Implementation of and Compliance with International Environmental Law: The Rocky Road from Rio," 5 Colorado Journal of International Environmental Law and Policy 305 (1994).

"International Environmental Law: Promises and Perils of Agenda 21", in Inter-American Development Bank, Agenda 21 and Latin America: The Challenge of Implementing Environmental Law and Policy 51 (1994).

"Nuclear Waste Disposal: International Cooperation and Regulation," to be published in R. Bernhardt, ed., Encyclopedia of Public International Law.

"Towards A Comprehensive System of Compensation of Transboundary Nuclear Damage: Reflections on the Relationship of Civil Liability and States' International Liability," in Nuclear Accidents: Liabilities and Guarantees, Proceedings of the NEA/OECD Symposium, Helsinki, 31 August-3 September 1992, 497 (1993).

"Human Rights and Protection of the Environment: A Mildly Revisionist View," in A. Cançado Trindade, ed., Human Rights and Environmental Protection 117 (1992).

"The International Law Commission's Draft Articles on the Law of International Watercourses (General Principles and Planned Measures): Progressive or Retrogressive Development of International Law?," 3 Colorado Journal of International Environmental Law and Policy 123 (1992).

Remarks ("The Concept of "Sustainable Development" and the 1992 United Nations Conference on Environment and Development"), in Contemporary International Law Issues: Sharing Pan-European and American Perspectives, Proceedings of the Joint ASIL/NVIR Symposium, July 4-6, 1991, 39 (1992).

"Das völkerrechtliche Gebot der Gleichbehandlung von Auslandsbewohnern im Atomenergierecht," in N. Pelzer, ed., Deutsches Atomenergierecht im internationalen Rahmen 55 ( 1992).

"Environmental Security and Global Change: The Challenge to International Law," in 1 Yearbook of International Environmental Law 3 (1990); published also in W. Lang, H. Neuhold & K. Zemanek, eds., Environmental Protection and International Law 59 (1991)

"Economic Arguments for Certain Accident Compensation Schemes," OECD Doc. ENV/ECO/90.12 (1990).

(with Carolyn Cary) "Northwest Passage (Canada-United States) Dispute," in R. Bernhardt, ed., 12 Encyclopedia of Public International Law 264 (1990).

"The 1989 Basel Convention on the Transboundary Movement of Hazardous Waste: A Preliminary Assessment," [1989] Proceedings, Canadian Council of International Law 367.

"International Measures to Protect the Global Atmosphere: A Case of Too Little, Too Late?" 1 European Journal of International Law 250 (1990).

"International Law and Protection of the Atmosphere," [1989] American Society of International Law, Proceedings 62; reprinted in 71 Economic Impact 36, 1990/2; published also as "La Ley y la Protección de la Atmósfera," in 71 Perspectivas Económicas 36 (1990).

"Internationalization of Hazard Management in Recipient Countries: Accident Preparedness and Response," in G.Handl & R.Lutz, eds., Transferring Hazardous Technology and Substances: The International Legal Challenge 106 (1989).

(with Robert Lutz) "The Transboundary Trade in Hazardous Technologies and Substances from a Policy Perspective," in G.Handl & R.Lutz, eds., Transferring Hazardous Technology and Substances: The International Legal Challenge 40 (1989); also published in 30 Harvard Journal of International Law 351 (1989).

"'Soft Law' and the International Legal Order: Some Preliminary Observations," [1988] American Society of International Law, Proceedings 371.

"Paying the Piper for Transboundary Nuclear Damage: State Liability in a System of Transnational Compensation," in D. Magraw, ed., International Law and Pollution 150 (1991).

"Environmental Protection and Development in Third World Countries: Common Destiny - Common Responsibility," 20 New York University Journal of International Law and Politics 603 (1988).

"Acid Rain in United States-Canadian Relations: The Politics of Procrastination and International Law," [1987] Proceedings, Canadian Council of International Law 131.

(with Bruno Simma) "Grenzüberschreitende Auswirkungen von Kernkraftanlagen und Völkerrecht," 39 Österreichische Zeitschrift für öffentliches Recht und Völkerrecht 1 (1988).

"Après Tchernobyl: Quelques réflexions sur le programme législatif multilatéral à l'ordre du jour," 92 Revue géneral de droit international public 5 (1988); also published as "Transboundary Nuclear Accidents: The Post-Chernobyl Multilateral Legislative Agenda," 15 Ecology Law Quarterly 203 (1988).

"International Responsibility for Man-Made Disasters," [1987] American Society of International Law, Proceedings.

"National Uses of Transboundary Air Resources: The Entitlement Issue Reconsidered," 26 Natural Resources Journal 405 (1986).

"Transboundary Air Resources in North America: Prospects for a Comprehensive Management Regime," in C. Flinterman, B. Kwiatkowska, J. Lammers, eds., Transboundary Air Pollution: International Legal Aspects of the Cooperation of States 63 (1986).

"Liability as an Obligation Established by a Primary Rule of International Law: Some Basic Reflections on the International Law Commission's Work," 16 Netherlands Yearbook of International Law 49 (1985).

"Some International Legal Implications of the Transfer of Hazardous Technology," [1985] American Society of International Law, Proceedings 318.

(with Bruno Simma) "Der österreichisch-tschechoslowakische Vertrag über grenznahe Kernanlagen im Lichte des völkerrechtlichen Nachbarrechts," in 40 Juristische Blätter 174 (1985).

"Problems of the Durability of Institutional Controls," (advisory report) published in shortened and modified form in OECD, Nuclear Energy Agency, Long-Term Management of Radioactive Waste: Legal, Administrative and Financial Aspects 35 (1984).

"The Struggle for the Internationally Shared Environment: The United States Abdicates its Leadership Role," [1983] American Society of International Law, Proceedings 418.

"American-Canadian Boundary Disputes and Co-operation," in R. Bernhardt, ed., 6 Encyclopedia of Public International Law, 1 (1983).

"International Liability of States for Marine Pollution," 21 Canadian Yearbook of International Law 85 (1983); also published as "Responsabilità internazionale dello stato per inquinamento marino," in V. Starace, ed., Diritto internazionale e protezione dell'ambiente marino 137 (1983).

"Gut Dam Claims," in R. Bernhardt, ed., 2 Encyclopedia of Public International Law (1981).

"Managing Nuclear Wastes: The International Connection," 21 Natural Resources Journal 267 (1981).

"The Environment: International Rights and Duties," [1980] American Society of International Law, Proceedings 223.

"International Liability of States for Private Activities Causing Transnational Environmental Injury," 74 American Journal of International Law 525 (1980).

"The Principle of "Equitable Use" as Applied to Internationally Shared Natural Resources: Its Role in Resolving Potential International Disputes over Tranfrontier Pollution," 14 Revue belge de droit international 40 (1978-79); also published in OECD, Transfrontier Pollution and the Role of States 98 (1981).

"The Case for Mexican Liability for Transnational Pollution Damage from the IXTOC I Oilspill," 2 Houston Journal of International Law 229 (1979).

Return to the main menu page

Return to the Tulane Law School main menu page