Forthcoming

• Endangered Species Protection in a Changing Climate, in Adapting to Climate Change (Carl Bauer & Lance Gunderson eds., forthcoming) (with Camille Parmesan et al.)

Books

• Drinking Water: A History (Overlook Press, 2012)
• Concepts and Insights in Environmental Law and Policy (Foundation Press 2003, 2d ed. 2007, 3d ed. 2010) (with Barton Thompson, Jr.)
• International Environmental Law and Policy (Foundation Press 1998, 2d ed. 2002, 3d ed. 2007, 4th ed. 2010, 5th ed. 2011) (with Durwood Zaelke & David Hunter)
• The Practice and Policy of Environmental Law (Foundation Press, 2008, 2d ed. 2010) (with J.B. Ruhl & John Nagle).
• A Policy Maker's Guide to Designing Payments for Ecosystem Services (Asian Development Bank, August 27, 2009)
• Natural Resources Law and Policy (2004, 2d ed. 2009) (with James Rasband & Mark Squillace)
• Extended Producer Responsibility Programs and International Trade Law (OECD, 1997)
• Environmental Labelling in OECD Countries (OECD 2d ed. 1991)

Supplements

• Teacher's Manual and Treaty Supplement to International Environmental Law and Policy (4th ed. 2010) (with Durwood Zaelke & David Hunter)

Articles and Essays

• Climate Change Meets the Law of the Horse, 62 Duke Law Journal 975-1027 (2012) (with J.B. Ruhl)
• The Organization for Economic Cooperation and Development's Role in International Law, 43 George Washington International Law Review 255 (2012)
• Gaming the Past: The Theory and Practice of Historic Baselines in the Administrative State, 64 Vanderbilt Law Review 1-57 (2011) (with J.B. Ruhl)
• The Curious Case of Greening in Carbon Markets, 41 Environmental Law 73 -94 (2011) (with William Boyd)
• What is the Emperor Wearing? The Secret Lives of Ecosystem Services, 28 Pace Environmental Law Review 591-613 (2011)
• Climate Change, Dead Zones, and Massive Problems in the Administrative State: Strategies for Whittling Away, 98 California Law Review 59-120 (2010) (with J.B. Ruhl)
• Conclusion: "The Path to a Brighter Future", in Economic Growth and Environmental Regulation: The People's Republic of China's Path To a Brighter Future 341-357 (Tun Lin & Timothy Swanson eds., 2010) (with Tun Lin & Timothy Swanson)
• Designing Payments for Ecosystem Services (PERC Policy Series No. 48, October 2010)
• New Kids On the Block--A Survey Of Practitioner Views On Important Cases in Environmental and Natural Resources Law, 25 Natural Resources & Environment 45-47 (Summer 2010) (with J.B. Ruhl)
• Pursuing Geoengineering for Atmospheric Restoration, 26 Issues in Science and Technology 67-76 (Summer 2010) (with Robert Jackson)
• Recurrent Issues in Environmental Governance, in Economic Growth and Environmental Regulation: The People's Republic of China's Path To a Brighter Future 318-340 (Tun Lin & Timothy Swanson eds., 2010)
• Bank Failure, 2009, 26 Environmental Forum 22 (Jan/Feb 2009) (with J.B. Ruhl & Iris Goodman)
• Ecosystem Services in Decision Making: Time to Deliver, 7 Frontiers in Ecology and the Environment 21-28 (February 2009) (with Gretchen C. Daily et al.)
• Implementing the New Ecosystem Services Mandate of the Section 404 Compensatory Mitigation Program - A Catalyst for Advancing Science and Policy, 38 Stetson Law Review 251-272 (2009) (with J.B. Ruhl & Iris Goodman)
• Implementing the New Ecosystem Services Mandate: A Catalyst for Advancing Science and Policy, 31 National Wetlands Newsletter 11-13, 20 (March-April 2009) (with J.B. Ruhl & Iris Goodman)
• Regulating Climate: What Role for the Clean Air Act?, 39 Environmental Law Reporter 10837-10841 (2009) (with Brigham Daniels, Hannah Polikov & Timothy Profeta)
• The Importance of Curbing and Ending Population Growth to Achieve Sustainability, in Agenda for a Sustainable America 171-185 (John Dernbach ed., ELI Press 2009) (with Anne H. Ehrlich)
• Who's Number One? The Most Significant Cases in Environmental Law, 26 Environmental Forum 36-40 (Nov/Dec 2009) (with J. B. Ruhl) revised as, New Kids on the Block – A Survey of Practitioner Views on Important Cases, 25 Natural Resources & Environment 45 (Summer 2010)
• Corn Futures: Consumer Politics, Health, and Climate Change, 38 Environmental Law Reporter 10851 (2008) (with Jedediah Purdy)
• Foreword: Making Sense of Information for Environmental Protection, 86 Texas Law Review 1347-1363 (2008) (with Douglas A. Kysar)
• Is It Safe to Drink the Water?, 19 Duke Environmental Law & Policy Forum 1-42 (2008)
• Negligence in the Air: The Duty of Care in Climate Change Litigation, 156 University of Pennsylvania Law Review 101-154 (2007) (with David Hunter)
• The Law and Policy Beginnings of Ecosystem Services, 22 Journal of Land Use & Environmental Law 157-172 (2007) (with J.B. Ruhl)
• The State of Food and Agriculture 2007 (UN Food and Agriculture Organization, 2007) (contributing author)
• A Field of Green? The Past and Future of Ecosystem Services, 21 Journal of Land Use & Environmental Law 133-151 (2006). Reprinted as one of the best environmental law articles in 2006 in Land Use & Environmental Law Review (2007)
• Ecosystem Services and the Public Trust Doctrine: Working Change From Within, 15 Southeastern Environmental Law Journal 223-239 (2006) (with J.B. Ruhl)
• In Defense of Regulatory Peer Review, 84 Washington University Law Quarterly 1-48 (2006) (with J.B. Ruhl)
• Labor Rights, Globalization and Institutions: The Role and Influence of the Organization for Economic Cooperation and Development, in Social Issues, Globalisation and International Institutions: Labour Rights and The EU, ILO, OECD and WTO 311-402 (Virginia Leary & Daniel Warner eds., 2006) (with Julio Bacio Terraciono)
• No Net Loss: Instrument Choice in Wetlands Protection, in Moving to Markets in Environmental Regulation: Lessons from Twenty Years of Experience (Jody Freeman & Charles D. Kolstad eds., 2006) (with J.B. Ruhl), reprinted in Institute of Chartered Financial Analysts of India Journal for Environmental Law
• The Effects of Wetland Mitigation Banking on People, 28 National Wetlands Newsletter 1 (March-April 2006) (with J.B. Ruhl)
• Thirst: A Short History of Drinking Water, 17 Yale Journal of Law & the Humanities 94-121 (2006)
• Creating Markets for Ecosystem Services: Notes From the Field, 80 NYU Law Review 870-961 (2005).
• Decentralized Administrative Law in the Organization for Economic Cooperation and Development, 68 Law & Contemporary Problems 189-224 (Summer/Autumn 2005)
• Science in the Public Process of Ecosystem Management: Lessons from Hawaii, Southeast Asia, Africa and the US Mainland, 76 Journal of Environmental Management 197-209 (2005) (with John Gutrich et al.)
• The Promise and Perils of Payments for Ecosystem Services, 1 International Journal of Innovation & Sustainable Development 5-20 (2005)
• Environmental Tribalism, 87 Minnesota Law Review 1099-1137 (2003) (with Douglas A. Kysar)
• Mozart and the Red Queen: The Problem of Regulatory Accretion in the Administrative State, 91 Georgetown Law Journal 757-850 (2003) (with J.B. Ruhl)
• The Organization for Economic Cooperation and Development Guidelines and Corporate Codes of Conduct, in The Auto Pact: Investment, Labour and the WTO (Maureen Irish ed., 2003)
• What Comes Naturally Should Not Come Free of Charge, Canberra Times Feb. 27, 2003 , at A18
• Changes in Pollution and the Implications for Policy, in New Tools for Environmental Protection: Education, Information, and Voluntary Measures 17-42 (Thomas Dietz & Paul C. Stern eds., 2002) (with David Rejeski)
• Currencies and the Commodification of Environmental Law, 53 Stanford Law Review 607-694 (2000) (with J.B. Ruhl), selected for reprinting as one of the best environmental law articles in 2000, in 33Land Use & Environmental Law Review 369-456 (2002), also reprinted as Apples for Oranges: the Role of Currencies in Environmental Trading Markets, 31 Environmental Law Reporter 11438-11474 (December 2001)
• Environmental Compliance: Another Integrity Crisis or Too Many Rules?, 17 Natural Resources & Environment 24-30 (Summer 2002) (with others)
• Environmental Law in the Rehnquist Court, in The Rehnquist Court : Judicial Activism on the Right 183-194 (Herman Schwartz ed., 2002)
• Paying to Protect Watershed Services: Wetland Banking in the United States, in Selling Forest Environmental Services: New Market-Based Mechanisms for Conservation and Development (Stefano Pagiola, Joshua Bishop, & Natasha Landell-Mills eds., 2002) (with J.B. Ruhl)
• Regulatory traffic jams, 2 Wyoming Law Review 253-289 (2002) (with J.B. Ruhl & Kai-Sheng Song)
• The Importance of Population Growth to Sustainability, in Sustainable Development in the United States Ten Years After the Earth Summit (John Dernbach ed., 2002) (with Anne Ehrlich), reprinted in 32 Environmental Law Reporter 10559-10570 ( 2002)
• The OECD and Promotion of Global Labor Rights, in nternational Organizations and the Social Aspects of Trade Liberalization Project (2002)
• Beyond the Smokestack: Environmental Protection in the Service Economy, 47 UCLA Law Review 411-489 (1999), selected for reprinting as one of the best environmental law articles in 1999, in 32 Land Use & Environmental Law Review 337-416 (2001), also reprinted in 30 Environmental Law Reporter 10856-10887 (Oct 2000)
• Executive Order 13,141 and the Environmental Review of Trade Agreements, 95 American Journal of International Law 366-380 (2001)
• Groundwater Ecosystems and the Service of Water Purification, 20 Stanford Environmental Law Journal 479-495 (2001) (with Janet S. Herman & David C. Culver)
• Integrating Ecosystem Services into Environmental Law, in Managing Human Dominated Ecosystems 77 (Victoria Hollowell ed., 2001)
• Protecting Ecosystem Services: Science, Economics and Policy, 20 Stanford Environmental Law Journal 309-332 (2001) (with Barton Thompson, Jr. & Gretchen Daily)
• Protecting Natural Capital Through Ecosystem Service Districts, 20 Stanford Environmental Law Journal 333-364 (2001) (with others)
• Seattle 's Legal Legacy and Environmental Reviews of Trade Agreements, 31 Environmental Law 501 (2001)
• Wetland Value Indicators for Scoring Mitigation Trades, 20 Stanford Environmental Law Journal 413-478 (2001) (with Lisa A. Wainger, Dennis King, & James Boyd)
• Earth in the Judicial Balance, The Nation Oct. 9, 2000 , at 32
• Environmental Protection Beyond the Smokestack: Addressing the Impacts of the Service Economy, 7 Corporate Environmental Strategy 21 (2000)
• Labor Rights, Globalization and Institutions: the Role and Influence of the Organization for Economic Cooperation and Development, 21 Michigan Journal of International Law 769-848 (2000)
• Facing the Challenges of a Service Economy, 4 Environmental Science & Technology 512 (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 193 (Richard H. Steinberg & Bruce Stokes eds., 1999)
• Making Sense of the Law: Readers on Environmental Law, 48 Bioscience 1042 (1998) (reviewing Law and the Environment: A Multidisciplinary Reader (Robert Percival & Dorothy Alevizatos eds., 1997))
• Product and Raw Material Eco-labeling : the Limits for a Transatlantic Approach (Berkeley Roundtable on the International Economy (BRIE), Working Paper No. 117, 1998)
• Eco-Labeling and International Trade: Getting Beyond the Conflict, in The Future of the Environment at The WTO (National Wildlife Federation, 1997)
• Informing the Green Consumer: The Debate Over the Use and Abuse of Environmental Labels, 1 Journal of Industrial Ecology 11-21 (Spring 1997)
• No Middle Way on the Environment, Atlantic Monthly December 1997, at 98-104 (with others)
• Review Essay: Valuing Ecosystem Services, 24 Ecology Law Quarterly 887-903 (reviewingNature's Services: Societal Dependence on Natural Ecosystems (Gretchen C. Daily ed., 1997))
• Sustainable Consumption and the Law, 27 Environmental Law 1243-1293 (1997)
• Cleaner Products and Green Marketing, in The Industry of Uruguay within the Framework of Sustainable Development (Uruguay Ministry of Development, 1996)
• The Tuna/Dolphin dispute Versus Free Trade in the Americas, in Proceedings of the Second Annual Free Trade in the Hemisphere Conference (UNAM, 1996)
• Greener Product Policy in Practice, in Green Goods (Swedish Ministry of the Environment, 1995)
• Scientists as Advocates, 3 Conservation Biology 170 (1989), reprinted in Environment (P. Raven ed., 1993), and in Readings from Conservation Biology: The Social Dimension (D. Ehrenfeld ed., 1995)
• Setting Environmental Goals, in Environmental Management (Croner Publications, 1994)
• Evolution and Application of Critical Habitat under the Endangered Species Act, 14 Harvard Environmental Law Review 311-342 (1990); selected for reprinting as one of the best articles of 1990, in Land Use & Environmental Law Review (1991)
• Green Labels for Consumers, OECD Observer April 1991, at 28
• Information Exchange Among National Eco-labelling Programmes, in Global Environmental Labelling: Invitational Expert Seminar (UNEP, 1991)
• The Greening of American Energy Policy, 63 St. John's Law Review 691-715 (1989) (with Ellyn R. Weiss)
• Trade Implications of Environmental Labelling Programs, in Life-Cycle Management and Trade (OECD, 1963)

Newspaper Articles and Commentary

• Our Water System Withstood Hurricane Sandy, but the Threats Aren't Over, Washington Post, November 9, 2012, at B03.