Dan Tarlock

Chicago-Kent College of Law

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Environmental Law

The Legacy of Schodde v. Twin Falls Land and Water Company: The Evolving Reasonable Appropriation Principle, Environmental Law (2012)

Do Water Law and Policy Promote Sustainable Water Use? (symposium), Pace Environmental Law Review (2011)

Is a Substantive, Non-Positivist United States Environmental Law Possible?, Michigan Journal of Environmental & Administrative Law (2011)

The Legal-Political Barriers to Ramping Up Hydro (symposium), Chicago-Kent Law Review (2011)

White Paper, Making Good Use of Adaptive Management (Center for Progressive Reform 2011) (with H. Doremus et al.) (2011)

Environmental Law: Then and Now (forthcoming 2010), Washington University Journal of Law and Policy (2010)

Four Challenges for International Water Law (2010), Tulane Environmental Law Journal (2010)

Water Demand and Energy Production in a Time of Climate Change, Environmental & Energy Law & Policy Journal (2010)

Equitable Apportionment of Water Resources Among States, Encyclopedia of the Supreme Court of the United States (2008)

Water Security, Fear Mitigation and International Water Law (symposium), Hamline Law Review (2008)

Water War in the Klamath Basin: Macho Law, Combat Biology, and Dirty Politics (with H. Doremus) (2008)

Western Growth and Sustainable Water Use: If There Are No "Natural Limits," Should We Worry About Water Supplies? (with S. Bates)., Environmental Law Reporter News & Analysis (Environmental Law and Policy Annual Review) (2008)

Environmental Protection: Law and Policy (with R. Glicksman et al.) (2007)

International Environmental Law and Policy (with E. Weiss, S. McCaffrey & D. Magraw) (2007)

Are Shared Benefits of International Waters an Equitable Apportionment? (with P. Wouters), Colorado Journal of International Environmental Law and Policy (2007)

Ecosystem Services in the Klamath Basin: Battlefield Casualties or the Future?, Florida State University Journal of Land Use and Environmental Law (2007)

Land Use Regulation: The Weak Link in Environmental Protection (symposium), Washington Law Review (2007)

The Great Lakes as an Environmental Heritage of Humankind: An International Law Perspective, University of Michigan Journal of Law Reform (2007)

The Non-Discrimination Principle in United States and International Environmental Law (France), Annales de la Faculté de Droit, Economie et Administration de Metz No. 7637 (2007)

Western Growth and Sustainable Water Use: If There Are No "Natural Limits," Should We Worry About Water Supplies? (with S. Van de Wetering), Land Use & Environment Law Review (2007)

Five Views of the Great Lakes and Why They Might Matter, Minnesota Journal of International Law (2006)

Western Growth and Sustainable Water Use: If There Are No "Natural Limits" Should We Worry About Water Supplies? (with S. Van de Wetering), Public Land and Resources Law Review (2006)

Science, Judgment, and Controversy in Natural Resource Regulation (with H. Doremus), Land Use & Environment Law Review (2006)

Science, Judgment, and Controversy in Natural Resource Regulation, (with H. Doremus), Public Land and Resources Law Review (2005)

Natural resource regulation is heavily "scientized," by which we mean both that the current regulatory...

The Law of Later-Developing Riparian States: The Case of Afghanistan, (with J. McMurray), New York University Environmental Law Journal (2005)

The New Deal Roots of Modern Environmentalism , FDR and the Environment (2005)

The Story of Calvert Cliffs: A Court Construes the National Environmental Policy Act to Create a Powerful Cause of Action , Environmental Law Stories (2005)

A Brief Examination of the History of the Persistent Debate About Limits to Western Growth, Hastings West-Northwest Journal of Environmental Law and Policy (2004)

A First Look at a Modern Legal Regime for a "Post-Modern" United States Army Corps of Engineers, University of Kansas Law Review (2004)

Is There a There There in Environmental Law?, Florida State University Journal of Land Use and Environmental Law (2004)

Water Law Reform in West Virginia: The Broader Context, West Virginia Law Review (2004)

Fish, Farms, and the Clash of Cultures in the Klamath Basin (with H. Doremus), Land Use & Environment Law Review (2004)

Fish, Farms, and the Clash of Cultures in the Klamath Basin, (with H. Doremus), Ecology Law Quarterly (2003)

Slouching Toward Eden: The Eco-Pragmatic Challenges of Ecosystem Revival, in Symposium, The Pragmatic Ecologist: Environmental Protection as Jurisdynamic Experience, Minnesota Law Review (2003)

Water Supply and Urban Growth in New Mexico: Same Old, Same Old or a New Era?, (with L. Lucero), Natural Resources Journal (2003)

New Mexico and other arid western states face the following dilemma: Rapid urban growth and...

Biodiversity Conservation in the United States: A Case Study in Incompleteness and Indirection, ELR News & Analysis (2002)

Connecting Land, Water, and Growth (with L. Lucero), Urban Lawyer (2002)

The Future of Prior Appropriation in the West, Natural Resources Journal (2002)

The Potential Role of Local Governments in Watershed Management, Pace Environmental Law Review (2002)

Water Resource Management (with J. Corbridge & D. Getches) (2002)

Who Owns Science?, Penn State Environmental Law Review (2002)

Genetic Susceptibility and Risk Assessment: An Emerging Link, ELR News & Analysis (2000)

Reconnecting Property Rights to Watersheds, William and Mary Environmental Law and Policy Review (2000)

Environmental Protection: Law and Policy (with F. Anderson et al.). (1999)

Growth Management and Western Water Law: From Oases to Archipelagos, Hastings West-Northwest Journal of Environmental Law and Policy (1999)

Growth Management and Western Water Law: From Oases to Archipelagos, Public Land and Resources Law Digest (1999)

Multi-Stakeholder Involvement in the Hong Kong Environmental Assessment Process, Asia Pacific Law Review (1999)

Municipal Regulation of Hazardous Waste and Protection of Groundwater, The Law of Planning and Zoning (1999)

The Creation of New Risk Sharing Water Entitlement Regimes: The Case of the Truckee-Carson Basin, Ecology Law Quarterly (1999)

Drafting Laws Relating to Natural Resources Use: The Case of Underground Water, Legislative Drafting for Market Reform: Some Lessons from China (1998)

Future Issues in Instream Flow Protection in the West, revision of chapter prepared in 1988 and included in Instream Flow Protection in the West (University of Colorado Natural Resources Law Center) (1998)

Introductory Survey (with Stuart L. Deutsch), Land Use and Environmental Law Review (1998)

Report of the Western Water Policy Review Advisory Commission, in Water in the West: Challenge for the Next Century (principal report writer). (1998)

Touch and Concern is Dead: Long Live the Doctrine, Nebraska Law Review (1998)

Current Trends United States Water Law and Policy: Private Property Rights, Public Interest Limitations and the Creation of Markets, The Scarcity of Water: Emerging Legal and Policy Responses (1997)

Exclusive Sovereignty versus Sustainable Development of a Shared Resource: The Dilemma of Latin American Rainforest Management, Texas International Law Journal (1997)

River Management in the Twenty-First Century: The Vision Thing, Rivers (1997)

Safe Drinking Water: A Federalism Perspective, William and Mary Environmental Law and Policy Review (1997)

The Influence of International Environmental Law on United States Pollution Control Law (symposium), Vermont Law Review (1997)

The Law and Policy of Drought Response in Australia and the United States: A Comparative Perspective (with H. Stacy), The Australasian Journal of Natural Resources Law and Policy (1997)

The Missouri River: The Paradox of Conflict Without Scarcity, Great Plains Natural Resources Journal (1997)

Two Cheers for Shifting the Presumption of Validity: A Reply to Professor Hopperton (with D. Mandelker), Boston College Environmental Affairs Law Review (1997)

Babbitt v. Sweethome Chapter of Communities for a Greater Oregon: The Court Protects Endangered Species Habitat from Destruction (with P. Parenteau), Rivers (1996)

Co-editor with Stuart L. Deutsch, Land Use and Environmental Law Review (1996)

Environmental Law: Ethics or Science, Duke Environmental Law & Policy Forum (1996)

Federalism without Preemption: A Case Study in Bioregionalism, Pacific Law Journal (1996)

Greater Protection for Endangered Species: The Sweet Home Case, Land Use Law & Zoning Digest (1996)

International Water Law and the Protection of River Ecosystem Integrity, Brigham Young University Journal of Public Law (1996)

International Water Law and the Protection of River Ecosystem Integrity, Brigham Young University Journal of Public Law (1996)

The Futile Search for Environmental Laws Based on "Good Science", International Journal of Bioscience and the Law (1996)

Water Law, Handbook of Water Resources (1996)

Biodiversity Federalism, Maryland Law Review (1995)

Biodiversity Protection in the Pacific Rim: The Land Use Challenge, Asia Pacific Law Review (1995)

Reallocation: It's Really Here, Water Law: Trends, Policies and Practice (1995)

City Versus Countryside: Environmental Equity in Context, Fordham Urban Law Journal (1994)

From Natural Scarcity to Artificial Abundance: The Legacy of California Water Law and Politics (inaugural issue), Hastings West-Northwest Journal of Environmental Law and Policy (1994)

Symposium, Ecology and the Law (with Fred P. Bosselman) (co-editors), Chicago-Kent Law Review (1994)

The Influence of Ecological Science on American Law: An Introduction (with Fred P. Bosselman), Chicago-Kent Law Review (1994)

TThe Nonequilibrium Paradigm in Ecology and the Partial Unraveling of Environmental Law, Loyola of Los Angeles Law Review (1994)

Deciding Who Gets Western Water, Headline News Science Views II (1993)

Local Protection of Biodiversity: What Is Its Niche?, University of Chicago Law Review (1993)

Preparing for an Uncertain Climate, Vol. 1 (1993)

The Water Science and Technology Board at 10: Looking Forwards and Backwards, 10th Anniversary Symposium, in Sustaining Our Water Resources (1993)

The Wild and Scenic Rivers Act at 25: The Need for a New Focus (with C. Raffensperger), Rivers (1993)

Water Management in an Era of Change, Forum for Applied Research and Public Policy (1993)

Water Management Without Lawyers, Water Science And Technology Newsletter (1993)

Water Resource Management (with J. Corbridge Jr. & D. Getches). (1993)

Corporate Disclosure of Environmental Risks (book review), Yearbook of International Environmental Law (1992)

Environmental Protection: The Potential Misfit Between Equity and Efficiency, University of Colorado Law Review (1992)

Now, Think Again About Adaptation, Arizona Journal of International and Comparative Law (1992)

Stewardship Sovereignty: The Next Step in Former Prime Minister Palmer's Logic, Washington University Journal of Urban and Contemporary Law (1992)

The Role of Non-Governmental Organizations in the Development of International Environmental Law, Chicago-Kent Law Review (1992)

Water Transfers in the West: Efficiency, Equity and the Environment (1992)

New Water Transfer Restrictions: The West Returns to Riparianism, Water Resources Research (1991)

Upstream, Downstream: Rationalizing Different Water Quality Standards on Interstate Streams, Rocky Mountain Mineral Law Institute (1991)

Western Water Law, Global Warming, and Growth Limitations, Loyola of Los Angeles Law Review (1991)

Western Water Rights and The Endangered Species Act, Balancing on the Brink of Extinction: The Endangered Species Act and Lessons for the Future (1991)

Discovering The Virtues of Riparianism, Foreword to Symposium, Eastern Water Law, Virginia Environmental Law Journal (1990)

Environmental Management: Law and Policy (1990)

Environmental Protection: Law and Policy (with F. Anderson & D. Mandelker) (1990)

Foreword, to Symposium, Prevention of Groundwater Pollution in the Great Lakes Region (with Stuart L. Deutsch), Chicago-Kent Law Review (1990)

State Groundwater Sovereignty After Sporhase: The Case of the Hueco Bolson (with D. Frownfelter), Oklahoma Law Review (1990)

Symposium, Prevention of Groundwater Pollution in the Great Lakes Region (co-editor with Stuart L. Deutsch), Chicago-Kent Law Review (1990)

Chapter 2, Control of Air and Water Pollution in the United States of America, in Proceedings of the Sino-American Conference on Environmental Law 27 (with Stuart L. Deutsch) (1989)

New Challenges to State Water Allocation Sovereignty (with C. DuMars), Natural Resources Journal (1989)

The Illusion of Finality in General Water Rights Adjudications, Idaho Law Review (1989)

Earth and Other Ethics: The Institutional Issues, Tennessee Law Review (1988)

Law of Water Rights and Resources (1988)

New Commons in Western Waters, Water and the American West: Essays in Honor of Raphael J. Moses (1988)

Chapter 8: State versus Local Control of Hazardous Waste Facility Siting -- Who Decides in Whose Backyard?, Resolving Locational Conflict (1987)

Protection of Water Flows for National Parks, Land and Water Law Review (1987)

The Changing Meaning of Water Conservation in the West, Nebraska Law Review (1987)

Inter and Intrastate Usage of Great Lakes Waters: A Legal Overview, Case Western Reserve Journal of International Law (1986)

An Overview of the Law of Groundwater Management, Water Resources Research (1985)

Prevention of Groundwater Contamination, Zoning and Planning Law Report (1985)

The Endangered Species Act and Western Water Rights, Land and Water Law Review (1985)

The Endangered Species Act and Western Water Rights, Public Land and Resources Law Digest (1985)

The Law of Equitable Apportionment Revisited, Undated and Restated, University of Colorado Law Review (1985)

Environmental Protection: Law and Policy (with F. Anderson & D. Mandelker) (1984)

An Overview of Comparative Environmental Law (with P. Tarek), Denver Journal of International Law & Policy (1983)

Introduction to Symposium, Water Rights, William and Mary Law Review (1983)

National Power, State Resource Sovereignty and Federalism in the 1980's: Scaling America's Magic Mountain, University of Kansas Law Review (1983)

Professor Hagman's Legacy to Legal Scholarship (with D. Mandelker), Land Use & Environment Law Review (1983)

So It's Not "Our," Why Can't We Still Keep It?: A First Look at Sporhase v. Nebraska, Land and Water Law Review (1983)

Federal Proprietary Water Rights for Western Energy Development: An Analysis of a Red Herring? (with S. Fairfax), Journal of Energy Law & Policy (1982)

Western Water Law and Coal Development, University of Colorado Law Review (1980)

An Environmental Overview of Geothermal Resources Development (with R. Waller), Land Use & Environment Law (1978)

A Comment on Meyers' "Introduction to Environmental Thought", Environment Law Review (1976)

The Uses of Scientific Information in Environmental Decision-Making (with M. Gelpe), Environment Law Review (1975)

The Wild and Scenic Rivers Act of 1968 (with R. Tippy), Environment Law Review (1971)

Natural Resources Law

The Future of Hydroelectric Power (forthcoming), Vanderbilt Law Review (2012)

Tribal Justice and Property Rights: The Evolution of Winters v. United States, Natural Resources Journal (2010)

Biodiversity Conservation: An Unrealized Aspiration (with A. Zabel), Agenda for a Sustainable America (2009)

The International Joint Commission and Great Lakes Diversions: Indirectly Extending the Reach of the Boundary Waters Treaty, Wayne Law Review (2009)

Environmental Law, But Not Environmental Protection, in Natural Resources Policy and Law: Trends and Directions 162 (Published proceedings Tenth Anniversary Celebration, University of Colorado Natural Resources Law Center, Boulder, CO). (1993)

Land Use Planning

Water and Western Growth (with S. Van de Wetering), Planning & Environmental Law (2007)

Land Use and Environmental Law Review (with D. Callies) (2006)

Fred Bosselman as Participant-Observer Lawyer: The Case of Habitat Conservation Planning, Journal of Land Use and Environmental Law (2001)

Foreword for Standards of Judicial Review in the Supreme Court Land Use Opinions: A Monograph (by R. Hopperton) (1998)

Annual Survey of Land Use Literature (with Stuart L. Deutsch), Zoning and Planning Law Report (1996)

Annual Survey of Land Use Literature (with Stuart L. Deutsch), Zoning and Planning Law Report (1995)

The Zoning Game's Influence on Land Use Scholars (Tribute to Richard Babcock), Land Use Law & Zoning Digest (1993)

The Shifting Presumption of Constitutionality in Land Use Law, Urban Lawyer (1992)

New Duties on Developers to Avoid Wetlands Use, Zoning and Planning Law Report (1989)

Private Land Use Controls: What is the Public Interest?, Land Use Law & Zoning Digest (1989)

Remedying the Irremediable: The Lessons of Gautreaux, Chicago-Kent Law Review (1989)

Challenging Biased Zoning Decisions, Zoning and Planning Law Report (1987)

State versus Local Control of Hazardous Waste Facility Siting-- Who Decides in Whose Backyard?, Zoning And Planning Law Handbook (1985)

Supplemental Groundwater Irrigation Law: From Capture To Sharing, Kentucky Law Journa (1985)

Land Use Controls (with R.C. Ellickson) (1984)

Siting New or Expanded Treatment, Storage and Disposal Facilities: The Pigs in the Parlors of the 1980s, Natural Resources Lawyer (1984)

State versus Local Control of Hazardous Waste Facility Siting -- Who Decides in Whose Backyard?, Zoning and Planning Law Report (1984)

Anywhere but Here: An Introduction to State Control of Hazardous-Waste Facility Location, Land Use & Environmental Law Review (1983)

Land Use Issues in Hazardous Waste Facility Siting, Land Use Law & Zoning Digest (1983)

Anywhere But Here: An Introduction to State Control of Hazardous Waste Facility Location, UCLA Journal of Environmental Law and Policy (1982)

An Economic Analysis of Direct Voter Participation in Zoning Change, UCLA Journal of Environmental Law and Policy (1980)

Indian Law

Can Cowboys Become Indians: The Protection of At Risk Communities As Remnants of an Endangered Culture, Land Use & Environmental Law Review (2000)

"Can Cowboys Become Indians? Protecting Western Communities as Endangered Cultural Remnants" examines and evaluates the...

Australia and the United States Aboriginal Land Rights: A Comparative Perspective, Res Communes: Vermont's Journal of the Environment (1999)

Can Cowboys Become Indians? Protecting Western Communities as Endangered Cultural Remnants, Arizona State Law Journal (1999)

One River, Three Sovereigns: Indian and Interstate Water Rights, Land and Water Law Review (1987)

Book Review

Book Review (reviewing Stuart Udall, The Quiet Crisis Revisited), Arizona Law Review (1992)

Book Review (reviewing L. Ross & M. Silk, Environmental Law and Policy in the People's Republic of China (1987)), Harvard International Law Journal (1989)

Administrative Law

Administrative Law: Procedural Due Process and Other Issues, Chicago-Kent Law Review (1980)

General Works

Tribute to the Achievements of Professor Fred P. Bosselman, Journal of Land Use and Environmental Law (2001)

Euclid Revisited, Land Use Law & Zoning Digest (1982)

Professor Hagman's Legacy to Legal Scholarship (with D. Mandelker), UCLA Law Review (1982)

Oil, Gas, and Mineral Law

Acquisition of Water Rights for Oil & Gas, reprinted from Thirty-Fourth Annual Institute on Oil and Gas Law Taxation (Southwestern Legal Foundation) (1983)

Western Coal in Context, University of Colorado Law Review (1982)

International Law

Hong Kong: One Country, Two Systems or Two Countries, One System, China and the World Trading System: Defining the Principles of Engagement (1998)

No subject area

Environmental Protection: Law and Policy (with R. Glicksman et al.). (2003)