Faculty Profiles

James Salzman

James Salzman

Donald Bren Distinguished Professor of Environmental Law
B.A. Yale College, 1985
J.D. Harvard Law School, 1989
M.Sc. Harvard Graduate School of Arts and Sciences, 1990

Books

Concepts and Insights in Environmental Law and Policy (with J. Eagle and B. Thompson). 5th ed. Foundation Press (forthcoming 2017). Prior editions: 4th, 2013; 3rd, 2010; 2nd, 2007; 1st, 2003. Translated into Chinese (2017).
Drinking Water: A History. 2nd ed. Overlook Press (2017). Paperback edition: 2013; 1st, 2012.
Natural Resources Law and Policy (with Josh Eagle and Barton H. Thompson Jr.). Foundation Press (2017). Concepts and Insights Series.
Natural Resources Law and Policy (with James R. Rasband, Mark Squillace and Sam Kalen). 3rd ed. Foundation Press (2016). University Casebook Series.
The Practice and Policy of Environmental Law (with J. B. Ruhl, John Copeland Nagle, and Alexandra Klass). 4th ed. Foundation Press (2016). Previous editions: 3rd, 2014; 2nd, 2010; 1st, 2008.
International Environmental Law and Policy (with David Hunter and Durwood Zaelke). 5th ed. Foundation Press (2015). Prior editions: 4th, 2011; 3rd, 2007; 2nd, 2002; 1st, 1998.
Policy Maker's Guide to Designing Payments for Ecosystem Services. Asian Development Bank (2009).
Extended Producer Responsibility Programs and International Trade Law. OECD (1997).
Environmental Labelling in OECD Countries. 2nd ed. OECD (1991).

Articles and Chapters

The Production Function of the Regulatory State: How Much Do Agency Budgets Matter? (with JB Ruhl and J. Nash), Minnesota Law Review (forthcoming 2017). Full Text
Regulating Business Innovation as Policy Disruption: From the Model T to Airbnb (with Eric Biber, Sarah E. Light, and JB Ruhl), 70 Vanderbilt Law Review (forthcoming 2017). Full Text
United States Environmental Law (with Barton H. Thompson Jr.), in Oxford Handbook of Comparative Environmental Law (edited by J. Vinuales and E. Lees, Oxford Univ. Press, forthcoming 2017).
Mineral Estate Conservation Easements: a New Policy Instrument to Address Hydraulic Fracturing and Resource Extraction (with R. Jackson and J. Owley), 47 Environmental Law Reporter 10112 (2017). Full Text
Beyond Zero-Sum Environmentalism (with JB Ruhl et al), 47 Environmental Law Reporter 10328 (2017). Full Text
Rethinking NAFTA: Deepening the Commitment to Sustainable Development (with Daniel Esty), in A Path Forward for NAFTA (edited by C. Fred Bergsten and Monica de Bolle, Peterson Institute for International Economics, 2017).
Strategies for Zero Sum Challenges, UCLA School of Law Paper Series, Public Law & Legal Theory Research Paper No. 17-10 (Feb. 7, 2017). Full Text
The Collision of Aspiration and Reality in Payments for Ecosystem Services, in Transformational Change in Environmental and Natural Resource Management: Guidelines for Policy (edited by M. Young and C. Esau, Routledge, 2016).
Regulatory Exit (with JB Ruhl), 68 Vanderbilt Law Review 1295 (2015). Full Text
The Most Important Current Research Questions in Urban Ecosystem Services (with Craig Anthony (Tony) Arnold, Robert Garcia, Keith Hirokawa, Kay Jowers, Jeffrey LeJava, Margaret Peloso & Lydia Olander), 25 Duke Environmental Law & Policy Forum 1 (2015). Full Text
The Next Generation of Trade and Environment Conflicts: The Rise of Green Industrial Policy (with M. Wu), 108 Northwestern Law Review 401 (2014). Reprinted in Environmental and Energy Law (edited by J. Viñuales, 2017). Full Text
Turning the World Upside Down: How Frames of Reference Shape Environmental Law (with Martin Doyle), 44 Environmental Law 1 (2014).
Teaching Policy Instrument Choice in Environmental Law: The Five P’s, 23 Duke Environmental Law and Policy Forum 363 (2013). Full Text
Climate Change Meets the Law of the Horse (with JB Ruhl), 62 Duke Law Journal 975 (2013). Full Text
Endangered Species Protection in a Changing Climate (with C. Parmesan), in Adapting to Climate Change (edited by C. Bauer and L. Gunderson, 2012).
Population (with A. Ehrlich), in Acting as if Tomorrow Matters: Accelerating the Transition to Sustainability (edited by John Dernbach, Environmental Law Institute, 2012).
The Organization for Economic Cooperation and Development’s Role in International Law, 43 George Washington International Law Review 255 (2012). Full Text
Gaming the Past: The Theory and Practice of Historic Baselines in the Administrative State (with JB Ruhl), 64 Vanderbilt Law Review 1 (2011). Reprinted in Land Use & Environmental Law Review (2011). Full Text
Just What is the Emperor Wearing? The Secret Lives of Ecosystem Services, 28 Pace Environmental Law Review 591 (2011). The Eleventh Annual Gilbert and Sara Kerlin Lecture. Full Text
The Curious Case of Greening in Carbon Markets (with William Boyd), 41 Environmental Law 73 (2011). Full Text
Climate Change, Dead Zones, and Massive Problems in the Administrative State: A Guide for Whittling Away (with JB Ruhl), 98 California Law Review 59 (2010). Full Text
Pursuing Geoengineering for Atmospheric Restoration (with Robert Jackson), 26 Issues in Science and Technology 67 (2010). Full Text
Massive Problems in the Administrative State: Strategies for Whittling Away (with JB Ruhl), 98 California Law Review 59 (2010). Reprinted in Land Use & Environmental Law Review (2011).
Conclusion: The Path to a Brighter Future (with Tun Lin & Timothy Swanson), in Economic Growth and Environmental Regulation: The People's Republic of China's Path To a Brighter Future (edited by Tun Lin & Timothy Swanson, 2010).
Recurrent Issues in Environmental Governance, in Economic Growth and Environmental Regulation: The People's Republic of China's Path To a Brighter Future (edited by Tun Lin & Timothy Swanson, 2010).
Who’s Number One? The Most Significant Cases in Environmental Law (with JB Ruhl), 26 Environmental Forum 36 (Nov./Dec. 2009). Reprinted as "New Kids on the Block – A Survey of Practitioner Views on Important Cases in Environmental and Natural Resources Law," 25 Natural Resources & Environment 45 (Summer 2010). Full Text
Regulating Climate: What Role for the Clean Air Act? (with Brigham Daniels), 39 Environmental Law Reporter 10837 (2009). Full Text
Implementing the New Ecosystem Services Mandate of the Section 404 Compensatory Mitigation Program – A Catalyst for Advancing Science and Policy (with JB Ruhl, et. al.), 38 Stetson Law Review 251 (2009). Full Text
Is It Safe to Drink the Water?, 19 Duke Environmental Law and Policy Forum 1 (2009). Full Text
Corn Futures: Consumer Politics, Health, and Climate Change (with J. Purdy), 38 Environmental Law Reporter Review 10851 (2008). Full Text
Cross-Cutting Issues in the Sectoral Case Studies, in Economic Growth and Environmental Regulation: China’s Path to a Brighter Future (edited by Tim Swanson, 2008).
Making Sense of Information for Environmental Protection (with D. Kysar), 86 Texas Law Review 1347 (2008). Full Text
The Importance of Population Stabilization to Sustainability (with A. Ehrlich), in Agenda for Sustainable America (Edited by John Dernbach, 2008).
The Law and Policy Beginnings of Ecosystem Services (with JB Ruhl), 22 Journal of Land Use & Environmental Law 157 (2007). Full Text
Negligence in the Air: The Duty of Care in Climate Change Litigation (with David Hunter), 155 Pennsylvania Law Review 101 (2007). Full Text
Ecosystem Services and the Public Trust Doctrine: Working Change From Within (with JB Ruhl), 15 Southeastern Environmental Law Journal 223 (2007). Full Text
A Field of Green? The Past and Future of Ecosystem Services, 21 Journal of Land Use & Environmental Law 133 (2006). Full Text
In Defense of Regulatory Peer Review (with JB Ruhl), 84 Washington Univ. Law Review 1 (2006). Reprinted in 38 Environmental Law Reporter 10553 (2008). Full Text
Thirst: A Short History of Drinking Water, 18 Yale Journal of Law & the Humanities 94 (2006). Full Text
Decentralized Administrative Law in the Organization for Economic Cooperation and Development, 68 Law and Contemporary Problems 191 (2005). Full Text
Creating Markets for Ecosystem Services: Notes From the Field, 80 NYU Law Review 870 (2005). Reprinted in The Institute of Chartered Financial Analyst of India Journal for Environmental Law (2006). Full Text
"No Net Loss:” Instrument Choice in Wetland Protection (with JB Ruhl), in Moving to Markets in Environmental Regulation: Twenty Years of Experience (edited by J. Freeman and C. Kolstad, Oxford Univ. Press, 2005). Full Text
The Perils of Payments for Ecosystem Services, 1 International Journal of Innovation and Sustainable Development 5 (2005).
Science in the Public Process of Ecosystem Management: Lessons from Hawaii, Southeast Asia, Africa and the US Mainland, 76 Journal of Environmental Management 19 (2005).
Labor Rights, Globalization and Institutions: The Role and Influence of the Organization for Economic Cooperation and Development, in Social Issues, Globalization and International Institutions: Labour Rights and the EU, ILO, OECD and WTO (edited by Virginia Leary and Daniel Warner, 2005).
The Organization for Economic Cooperation and Development Guidelines and Corporate Codes of Conduct, in The Auto Pact: Investment, Jobs and the WTO (edited by Maureen Irish, 2004).
Mozart and the Red Queen: The Problem of Regulatory Accretion in the Administrative State (with JB Ruhl), 91 Georgetown Law Journal 757 (2003). Full Text
Environmental Tribalism, 87 Minnesota Law Review 1099 (2003). Full Text
Regulatory Traffic Jams (with JB Ruhl), 2 Wyoming Law Review 1 (2002).
Environmental Law, in The Rehnquist Court: Judicial Activism on the Right (edited by Herman Schwartz, Hill and Wang, 2002).
Paying to Protect Watershed Services: Wetland Banking in the United States (with JB Ruhl), in Selling Forest Environmental Services: Market-based Mechanisms for Conservation (edited by Stefano Pagiola, Joshua Bishop, and Natasha Landel-Mills, Routledge, 2002).
The OECD and Promotion of Global Labor Rights, in Ford Foundation's Project on International Organizations and the Social Aspects of Trade Liberalization (2002).
The Importance of Population Growth to Sustainability (with A. Ehrlich), in Sustainable Development in the United States Ten Years After the Earth Summit: An Assessment and Recommendations (2002). Reprinted in 32 Environmental Law Reporter 10559 (2002).
Changes in Pollution and the Implications for Policy (with D. Rejeski), in New Tools for Environmental Protection: Education, Information, and Voluntary Measures (edited by Paul Stern, National Research Council, 2002).
Seattle’s Legal Legacy and Environmental Reviews of Trade Agreements, 31 Environmental Law 501 (2001).
Executive Order 13,141 and the Environmental Review of Trade Agreements, 95 American Journal of International Law 366 (2001).
Environmental Apples for Oranges, 31 Environmental Law Review 11438 (2001).
Currencies and the Commodification of Environmental Law (with JB Ruhl), 53 Stanford Law Review 607 (2001). Reprinted in 33 Land Use & Environmental Law Review (2002). Full Text
Groundwater Ecosystem Services (with D. Culver), 20 Stanford Environmental Law Journal 479 (2001).
Wetland Value Indicators For Scoring Mitigation Trades (with L. Wainger and D. King), 20 Stanford Environmental Law Journal 413 (2001).
Protecting Natural Capital Through Ecosystem Service Districts (with G. Heal, et. al.), 20 Stanford Environmental Law Journal 333 (2001). Full Text
Protecting Ecosystem Services -- Science, Economics, and Policy (with G. Daily and B. Thompson), 20 Stanford Environmental Law Journal 309 (2001).
Labor Rights, Globalization and Institutions: The Role and Influence of the Organization for Economic Cooperation and Development, 21 Michigan Journal of International Law 769 (2001). Full Text
Earth in the Judicial Balance, The Nation (Sept. 2000).
Environmental Protection Beyond the Smokestack: Addressing the Impacts of the Service Economy, 7 Corporate Environmental Strategy 21 (2001).
Facing the Challenges of a Service Economy, 4 Environmental Science & Technology 512 (1999).
Beyond the Smokestack: Environmental Protection in the Service Economy, 47 UCLA Law Review 411 (1999). Reprinted in 30 Environmental Law Reporter 10856 (Oct. 2000); and 32 Land Use & Environmental Law Review 337 (2001). Full Text
Integrating Ecosystem Services into Environmental Law, in Managing Human Dominated Ecosystems (1999).
Product and Raw Material Eco-labels: The Case for a Trilateral Approach, in Partners or Competitors? The Prospects for US-European Cooperation on Asian Trade (Rowman and Littlefield, 1999).
Extended Producer Responsibility Programs and International Trade Law, in Extended Producer Responsibility Programs (OECD, 1997).
Eco-Labeling and International Trade: Getting Beyond the Conflict, in The Future of the Environment at The WTO (National Wildlife Federation, 1997).
Valuing Ecosystem Services, 24 Ecology Law Quarterly 887 (1997).
Sustainable Consumption and the Law, 27 Environmental Law 1243 (1997).
The Tuna/Dolphin Dispute Versus Free Trade in the Americas, in Conference Proceedings of the Second Annual Free Trade in the Hemisphere Conference (UNAM, 1996).
Cleaner Products and Green Marketing, in The Industry of Uruguay within the Framework of Sustainable Development (Uruguay Ministry of Environment, 1995). Conference Proceedings.
Greener Product Policy in Practice, in Green Goods (Swedish Ministry of the Environment, 1995).
Setting Environmental Goals, in Environmental Management (Croner Publications, 1994).
Trade Implications of Environmental Labelling Programs, in Life-Cycle Management and Trade (OECD, 1993).
Information Exchange Among National Eco-labelling Programmes, in Global Environmental Labelling: Invitational Expert Seminar (UNEP, 1991). Conference Proceedings.
Evolution and Application of Critical Habitat Under the Endangered Species Act, 14 Harvard Environmental Law Review 311 (1990).
The Greening of Energy Policy in the 1990s (with E. Weiss), 63 St. John's Law Review 691 (1990). Reprinted in Public Utilities Law Anthology (1990).
Scientists As Advocates, Conservation Biology (1989). Reprinted in Environment (edited by P. Raven, Saunders Publishing, 1993); and Readings from Conservation Biology: The Social Dimension (edited by D. Ehrenfeld, Blackwell Science, 1995).

Policy Reports

Legal Risks and Timeline Associated with Increasing Surface Water Storage in California (with Julia Forgie), Pritzker Brief No. 8 (June 2017). Full Text

Blogs, Book Reviews, and Commentary

Response to Putting a Price on Ecosystem Services, XXXIII Issues in Science and Technology (Winter 2017). Full Text
The Overlooked Part of Trump’s Executive Order on Climate Change, LegalPlanet (April 2017). Full Text
The Past, Present and Future of Payments for Ecosystem Services – Biodiversity, LegalPlanet (Sept. 25, 2016).
The Past, Present and Future of Payments for Ecosystem Services – Water, LegalPlanet (Sept. 14, 2016).
Understanding Climate Skepticism: Four Hypotheses to Explain the Endurance of Climate Skeptics, LegalPlanet (April 4, 2016). Full Text
The Rise of “Cli-Fi”: What the Humanities Can Teach us About Climate Change Narratives, LegalPlanet (April 1, 2016). Full Text
Lessons From Flint, LegalPlanet (March 1, 2016). Full Text
Biology and the Law, 66 BioScience 999 (Oct. 2016). Review of Environmental Law for Biologists, by Tristan Kimbrell. Full Text
TPP or not TPP? Understanding the Environmental Debate over the Trans-Pacific Partnership Trade Agreement, LegalPlanet (Dec. 3, 2015). Full Text
What do you know about Interior: Test your knowledge, LegalPlanet (Oct. 29, 2015). Full Text
Japan Removes Whaling from ICJ Jurisdiction, LegalPlanet (Oct. 27, 2015). Full Text
The Sustainable Development Goals (SDGs), LegalPlanet (Sept. 24, 2015). Full Text
Can We Trust the Science? The Challenge of Irreproducible Results, LegalPlanet (Aug. 31, 2015). Full Text
How Safe is Our Drinking Water?, Slate.com (Jan. 16, 2014).
Why Rivers No Longer Burn, Slate.com (Dec. 10, 2012).
Our water system withstood Hurricane Sandy, but the threats aren’t over, Washington Post (Nov. 9, 2012). Reprinted in Arizona Daily Star (Tucson) and St. Paul Pioneer Press (St. Paul, MN).
Ecosystem Services in Decision Making: Time to Deliver (with G. Daily et al.), 7 Frontiers in Ecology and the Environment 21 (Feb. 2009). Full Text
Bank Failure, The Environmental Forum (Jan./Feb. 2009).
Ecosystem Services, State of Food and Agriculture (2006-2007). (UN FAO)
The Effects of Wetland Mitigation Banking on People (with JB Ruhl), 28 National Wetlands Newsletter 1 (Mar.-April, 2006). Full Text
What Paying for Ecosystem Services Means, PERC Reports (July 2005).
A “Must Read” on Ecosystem Services, 19 Conservation Biology 582 (2004).
What Comes Naturally Should Not Come Free of Charge, Canberra Times (Feb. 27, 2002).
A Welcome Addition to the ESA Literature, 16 Conservation Biology (Jan. 18, 2002). Review of The Endangered Species Act, by The Stanford Environmental Law Society (2001). Full Text
Environmental Challenges of the New Economy, Sustainability Monthly Review (June 2000).
Making Sense of the Law: Readers on Environmental Law, 48 Bioscience 1042 (1998).
Ecosystem Services and the Law, 12 Conservation Biology 1 (1998).
No Middle Way on the Environment (with P. Ehrlich and G. Daily), The Atlantic Monthly (Dec. 1997).
Informing the Green Consumer: The Debate Over the Use and Abuse of Environmental Labels, Journal of Industrial Ecology (April 1997).
Green Labels for Consumers, OECD Observer (April 1991).