Alice Kaswan

Books

Law Review and Journal Articles

• "Domestic Climate Change Adaptation and Equity," 42 Environmental Law Reporter News & Analysis 11125 (2012). SSRN
• "Climate Change, the Clean Air Act, and Industrial Pollution," 30 UCLA Journal of Environmental Law & Policy 51 (2012). SSRN
• "Climate Change and the Puget Sound: Building the Legal Framework for Adaptation," 2 Climate Law 299 (2011). (Co-authored with William L. Andreen, et al.) SSRN
• "Decentralizing Cap-and-Trade? State Controls Within a Federal Greenhouse Gas Cap-and-Trade Program," 28 Virginia Journal of Environmental Law 343 (2010). SSRN
• "Greening the Grid and Climate Justice," 39 Environmental Law 1143 (2009). SSRN
• "Decentralizing Cap-and-Trade? The Question of State Stringency," 1 San Diego Journal of Climate & Energy Law 103 (2009). SSRN
• "Climate Change, Consumption, and Cities," 36 Fordham Urban Law Journal 253 (2009). SSRN
• "A Cooperative Federalism Proposal for Climate Legislation: The Value of State Autonomy in a Federal System," 85 Denver University Law Review 791 (2008). SSRN
• "Environmental Justice and Domestic Climate Change Policy," 38 Environmental Law Reporter 10287 (2008). (This article was published as "Justice in a Warming World" in The Environmental Forum (2009) and an excerpt of the article was published in Environmental Justice: Law, Policy & Regulation, 2009.) SSRN
• "The Domestic Response to Global Climate Change: What Role for Federal, State, and Litigation Initiatives?" 42 University of San Francisco Law Review 39 (2007). SSRN
• "Defining the Movement: Parallels Between Feminism and Environmentalism," 9 Cardozo Women's Law Journal 455 (2003).
• "Distributive Justice and the Environment," 81 North Carolina Law Review 1031 (2003). SSRN
• "A Survey of Federal Agency Response to President Clinton's Executive Order No. 12898 on Environmental Justice," 31 Environmental Law Reporter 11133 (2001). (With Denis Binder, Colin Crawford, Eileen Gauna, M. Casey Jarman, Bradford C. Mank, Catherine O'Neill, Clifford Rechtschaffen, and Robert R. M. Verchick)
• "Environmental Laws: Grist for the Equal Protection Mill," 70 University of Colorado Law Review 387 (1999). SSRN
• "Environmental Justice: Bridging the Gap Between Environmental Laws and Justice," 47 American University Law Review 221 (1997). SSRN

Book Contributions

• "Greenhouse Gas Cap-and-Trade Programs and Environmental Justice," in Robert Bullard, ed.  (MIT Press, forthcoming).
• "Reconciling Justice and Efficiency: Integrating Environmental Justice into Domestic Cap-and-Trade Programs for Controlling Greenhouse Gases," in Ethics and Global Climate Change edited by Denis Arnold (New York: Cambridge University Press, 2011). SSRN

Opinion Pieces and Blog Posts

• "Environmental Justice and GHG Cap-and-Trade: It’s More than a Complaint," CPRBlog (June 2012).
• "Applying the Clean Air Act to Greenhouse Gases: What Does It Mean for Traditional Pollutants?" Center for Progressive Reform (April 2012).
• "Greenhouse Gas Standards for New Power Plants: Glass Half-Full and Half-Empty," CPRBlog (March 2012).
• "Waiting for the GHG New Source Performance Standards: A Good Start, But Will EPA's Power Plant Controls Make a Difference?" CPRBlog (January 2012).
• "Parsing the AEP v. Connecticut Argument: Did the Court Ask the Right Questions?" CPRBlog (April 2011).
• "EPA Marches On: Regulating Stationary Source GHG Emissions Under the Clean Air Act," CPRBlog (December 2010).
• "AEP v. Conneticut: Will the Supreme Court Shut the Door Again?" CPRBlog (December 2010).
• "Cap-and-Trade is Still Alive (In California)," CPRBlog (November 2010).
• "Mind the Climate Gap: New Study Highlights the Need to Design GHG Cap-and-Trade Policies to Improve Local Air Quality," CPRBlog (April 2010).
• "Murkowski Proposal Shutters the Only Game in Town: The Clean Air Act," CPRBlog (January 2010).
• "Boxer-Kerry: Integrating Regulation and Cap-and-Trade," CPRBlog (October 2009).
• "Second Circuit's Decision in Connecticut v. AEP Makes Clear No One is Above the Law," CPRBlog (September 2009).
• "Why a Cap-and-Trade System Needs a Regulatory Backstop," CPRBlog (August 2009).
• "Incorporating Environmental Justice into Greenhouse Cap-and-Trade Programs," CPR Perspective: Environmental Justice and Climate Change (July 2009).
• "The Waxman-Markey Bill's Federal-State Partnership," CPRBlog (June 2009).
• "Waxman-Markey: Environmental Justice," CPRBlog (April 2009).
• "Waxman-Markey: Renewables, Transportation, and EPA and State Regulation," CPRBlog (April 2009).
• "Climate Change and the Courts," Environmental Litigation Reporter (October 2007). (Thomson West, Vol. 28, Issue 6)
• "Federal Courts and Climate Change Suits," Environmental News Network (September 2007).
• "The Americans with Disabilities Act as a Weapon Against Indoor Air Pollution," Environmental Law in New York (August 1993). (Vol. 4, Issue 113, Part II)
• "The Americans with Disabilities Act as a Weapon Against Indoor Air Pollution," Environmental Law in New York (July 1993). (Vol. 4, Issue 97, Part I)

Other Publications

Briefs

Court Citation of Research

Presentations

• Presenter, "Seven Principles for Equitable Adaptation," American University Washington College of Law, "Sustainable Development Law and Policy Symposium," Washington, D.C. (March 2013). (Keynote Address)
• Panelist, "Key Recent Environmental Law Developments in the U.S. Supreme Court, the Ninth Circuit Court of Appeals, and the California Supreme Court," 2012 State Bar of California Environmental Law Conference at Yosemite, Fish Camp, Calif. (October 2012).
• Moderator, "The Clean Water Act at 40: Maturity or Midlife Crisis?" 2012 State Bar of California Environmental Law Conference at Yosemite, Fish Camp, Calif. (October 2012).
• Presenter, "The Federal Role in Land Use: The Climate Change Imperative," Vermont Law School Third Annual Colloquium on Environmental Scholarship, South Royalton, Vt. (October 2012).
• Presenter, "Climate Change, the Clean Air Act, and Industrial Pollution: Traditional Versus Market-Based Regulation," 2012 International Conference on Law and Society, Honolulu, Hawaii (June 2012).
• Presenter, "Domestic Climate Change Adaptation and Equity," Association of American Law Schools 2012 Mid-Year Meeting, "Workshop on Torts, Environment, and Disaster," Berkeley, Calif. (June 2012).
• Presenter, "Climate Adaptation: Reconsidering the Federal Role in Land Use Planning," University of Minnesota Consortium on Law and Values in Health, Environment & the Life Sciences and the Institute on the Environment Workshop, "New Directions in Environmental and Energy Law, Policy, and Geography," Minneapolis, Minn. (May 2012).
• Commentator, "Regulatory Capacity and Federalism," University of Minnesota Consortium on Law and Values in Health, Environment & the Life Sciences and the Institute on the Environment Workshop, "New Directions in Environmental and Energy Law, Policy, and Geography," Minneapolis, Minn. (May 2012).
• Panelist, "Climate Change Adaptation and Land Use: New Avenues for Cooperative Federalism," University of Oregon School of Law's 30th Annual Public Interest Environmental Law Conference, "New Frontier: The Political Crossroads of Our Environmental Future," Eugene, Ore. (March 2012).
• Presenter, "Climate Adaptation and Land Use: Reconsidering the Federal Role," Annual Meeting of the Law and Society Association, San Francisco, Calif. (June 2011).
• Presenter, "Toward a Well Adapted Future: A Legal Framework and Action Agenda for Climate Change Adaptation in the Puget Sound," Center for Progressive Reform Online Conference, (May 2011). (Co-presented with Robert Glicksman, Catherine O'Neill, Robert R.M. Verchick, and Yee Huang.)
• Presenter, "The Clean Air Act, Climate Change, and Pollution," UCLA School of Law's Emmett Center on Climate Change and the Environment, Evan Frankel Environmental Law & Policy Program, and Journal of Environmental Law & Policy "Perspectives on Climate Change, Pollution, and the Clean Air Act," Los Angeles, Calif. (April 2011).
• Presenter, "Climate Adaptation and Equity," University of San Francisco "Symposium on Sustainability and Social Justice," (April 2011).
• Presenter, "Climate Adaptation and Land Use: Reconsidering the Federal Role," Northwestern Law "Searle Research Roundatable on Climate Change, Adaptation, and Environmental Law," Chicago, Ill. (April 2011).
• Presenter, "Land Use and Climate Adaptation: The Federal Role," Association of Law, Property, and Society Second Annual Meeting at Georgetown Law School, Washington, D.C. (March 2011).
• Presenter, "Climate Change Adaptation and Equity," Seatle University School of Law "Toward a Well Adapted Future in the Puget Sound: A Symposium on Climate Change Adaptation and the Law," Seattle, Wash. (January 2011).
• Presenter, "The Supreme Court Take on Environmental Law: Our Annual Supreme Court Review," Bar Association of San Francisco Panel, San Francisco, Calif. (November 2010).
• Presenter, "Ethics and Fairness," Fordham University Center for Research, "Contemporary Finance Conference on Carbon Politics and Finance," New York, N.Y. (October 2010).
• Presenter, "Recent Developments in the U.S. Supreme Court and Courts of Appeals," California State Bar Environmental Law Section Annual Meeting, "California State Bar Environmental Law Section Annual Meeting in Yosemite," Fish Camp, Calif. (October 2010).
• Presenter, "U.S. Supreme Court Environmental Law Cases, 2009-2010 Term," California State Bar Annual Meeting, Monterey, Calif. (September 2010).
• Presenter, "Sea Level Rise and Equity: A Domestic Perspective," University of Oregon Wayne Morse Center for Law and Politics Conference "Ocean Impacts of Climate Change: Science, People, and Policy" "Peoples and Communities," Eugene, Oreg. (September 2010).
• Presenter, "State Controls with a Federal Cap-and-Trade Program," Southeastern Association of Law Schools' Annual Meeting, Palm Beach, Fla. (July 2010).
• Presenter, "Decentralizing Cap-and-Trade? State Controls within a Federal Greenhouse Gas Trading Program," University of San Francisco School of Law Teaching and Scholarship Workshop, (April 2010).
• Moderator, University of San Francisco School of Law Panel "BallotPalooza: A Woodstock for Political Junkies," (April 2010).
• Presenter, "CARB's Draft Regulation for a California Cap-and-Trade Program and What it Means for California: An Environmental Justice Perspective," UC Berkeley Center for Law, Energy, and the Environment Speaker Series, (March 2010).
• Presenter, "Climate Change, Federalism, and Regional Equity," Association of Property, Law, and Society Annual Meeting at Georgetown University Law Center, Washington, D.C. (March 2010).
• Panelist, "Carbon Trading: Help or Harm? A Domestic Environmental Justice Perspective," UC Berkeley 6th Annual Environmental Justice Symposium, (February 2010).
• Panelist, "The Supreme Court Takes on Environmental Law: Our Annual Supreme Court Review," Bar Association of San Francisco Environmental Law Section, (November 2009).
• Presenter, "Environmental Justice and Domestic Climate Change Policy," University of Oregon conference "Advocating for an Environmental Equality: Legal and Ethical Duties in a Changing Climate," Eugene, Ore. (September 2009).
• Presenter, "Greening the Grid and Climate Justice," Lewis & Clark Law School conference "Greening the Grid," Portland, Ore. (April 2009).
• Moderator, University of San Francisco School of Law Green Energy Career Panel, (March 2009).
• Presenter, "Decentralizing Cap-and-Trade," University of San Diego School of Law Climate and Energy Law Symposium "Federal Preemption or State Prerogative: California in the Face of National Climate Policy," (February 2009).
• Panelist, "National Teach-In on Global Warming Solutions," University of San Francisco, (February 2009).
• Presenter, "Cities, Consumption, and Climate Change," Fordham Law School Cooper-Walsh Colloquium "The Future of the American City," New York, N.Y. (November 2008).
• Presenter, "Reconciling Justice and Efficiency: Integrating Environmental Justice into Cap-and-Trade Programs for Controlling Greenhouse Gases," Georgetown Law Environmental Research Workshop, Washington, D.C. (November 2008).
• Panelist, "Living Up to AB 32: Creating an Effective, Equitable, and Efficient Cap-and-Trade Program," Annual California State Bar Association Environmental Law Section Conference, Yosemite (October 2008).
• Presenter, "Are Property Rights Opposed to Environmental Protection?" University of San Francisco School of Law, (September 2008). (Commentary on Dr. Roger Pilon's presentation.)
• Presenter, "A Cooperative Federalist Proposal for Federal Climate Change Legislation: The Value of State Autonomy in a Federal System," University of San Francisco School of Law Faculty Scholarship Workshop, (September 2008).
• Presenter, "The Role of Environmental Justice in California's Cap-and-Trade Program: Achieving Efficiency, Efficacy, and Equity in Compliance with AB 32," California Air Resources Board, (May 2008).
• Panelist, "Designing Cap-and-Trade Programs to Meet the Three E's: Efficacy, Equity, and Efficiency," UC Berkeley School of Law Conference "From Protection to Empowerment: Policy Solutions to Ensure Equal Access to the Green Economy," (April 2008).
• Presenter, "Reconciling Efficiency and Justice: Integrating Environmental Justice into Cap-and-Trade Programs for Controlling Greenhouse Gases," University of Tennessee, Knoxville "Energy and Responsibility: A Conference on Ethics and the Environment," (April 2008).
• Presenter, "Reconciling Efficiency and Justice: Integrating Environmental Justice into Greenhouse Gas Cap-and-Trade Programs," USF Faculty Lunch, (March 2008).
• Presenter, "Environmental Justice and Climate Change Policy," Denver University Sturm College of Law Symposium "Climate Change: Integrating Environmental Justice into Policy, Regulation, and Litigation," Denver, Colo. (February 2008).
• Presenter, "Green Buildings: The Future of the Construction Industry," Los Angeles County Bar Association, (February 2008).
• Moderator, "The Delta Vision," California Water Law Symposium IV: Adapting to Climate Change, (February 2008).
• Moderator, "California Water Law Symposium IV: Adapting to Climate Change," UC Hastings College of the Law, San Francisco, Calif. (January 2008). (Kaswan acted as a faculty advisor to the symposium and moderator of a panel addressing the future of the Sacramento/San Joaquin Delta in the face of climate change.)
• Panelist, "A Blockbuster Term in the Supreme United States Supreme Court," California State Bar Association, Environmental Law Section, Environmental Law Conference, (October 2007).
• Moderator, "The State Bar of California Online Seminar Green Building and Leadership in Energy and Environmental Design 'LEED' - Understanding the Future of the Construction Industry," Online Symposium (April 2007).
• Moderator, "Green Buildings," State Bar of California Online Seminar "Green Building and Leadership in Energy and Environmental Design - Understanding the Future of the Construction Industry," (April 2007).
• Moderator, "Litigation Initiatives Panel," University of San Francisco Law Review Symposium "The Domestic Response to Global Climate Change: Federal, State, and Litigation Initiatives," (March 2007).
• Panelist, "Introduction to Environmental Justice," UC Hastings College of the Law, 2006 California Water Symposium, San Francisco (February 2006).
• Moderator, "Hydroenergy," 2005 California Water Law Symposium, (January 2005).
• Moderator, "Shaping the Future: What Our Decisions Today Mean for Tomorrow," UC Davis Conference on Environmental Ethics and Policy: Bringing Philosophy Down to Earth, (April 2003).
• Presenter, "Distributive Justice and the Environment: The Title VI Controversy," UC Davis School of Law faculty lunch, (April 2000).

Testimony and Hearings

Written Testimony and Commentary

• “Distributive Justice Under the Kyoto Protocol Clean Development Mechanism,” Tomilola Akanle (January 2012). (Routledge Press)
• “Comments on Supplemental Functional Equivalent Document,” comments to the California Air Resources Board (July 2011).
• "Comments on Proposed California Cap-and-Trade Regulation and Environmental Justice," comments to the California Air Resources Board (December 2010).
• "Incorporating AB 32's Environmental Justice Requirements into California's GHG Cap-and-Trade Program," comments to the California Air Resources Board on California's Preliminary Draft Cap-and-Trade Regulation (February 2010).
• "Integrating Environmental Co-Benefits into AB 32's Economic Analysis," memo submitted to the California Economic and Allocation Advisory Committee (October 2009).

Advisor or Consultant

Counsel

Symposia Organization

• Faculty Advisor, California Water Law Symposium (annual event).
• Co-organizer, University of San Francisco Law Review’s Symposium "The Domestic Response to Global Climate Change: Federal, State, and Litigation Initiatives" (March 2007).

Professional Membership

• Member, American Law Institute (elected September 2012). (American Law Institute is an association of lawyers, judges, and law professors who produce scholarship that is influential in courts, legislatures, and legal education.)
• Member, Executive Committee of the Association of American Law Schools' Environmental Law Section (since February 2010).
• Member Scholar, Center for Progressive Reform (since November 2008).
• Member, 2004 Association of American Law Schools Conference on Environmental Law Planning Committee (Portland, Ore., 2004). (The conference focused on incorporating international environmental law into domestic environmental law courses.)

Fellowships

Other Service

• Participant, meeting with University of Kassel research group on California and U.S. cap-and-trade programs and environmental justice (October 2012).
• Participant, "Impact of Law on Private Sector Climate Change Adaptation," University of North Carolina School of Law, Chapel Hill, N.C. (March 2012).
• Participant, Association of American Law Schools 2012 Annual Meeting, Washington, D.C. (January 2012).
• Participant, California Water Law Symposium, UC Berkeley School of Law, Berkeley, Calif. (January 2012).
• Participant, Center for Progressive Reform Annual Scholars Meeting, Washington, D.C. (January 2012).
• Participant, "Regulating GHG Emissions from Existing Sources: Section 111(d) and State Equivelancy," Duke University Law School, Durham, N.C. (December 2011).
• Participant, pre-conference workshop on a climate adaptation manual for Puget Sound at the Seattle University School of Law (January 2011). (Kaswan facilitated a section on extreme heat and weather.)
• Co-Organizer, Association of American Law Schools' field trip to the Bay Delta (January 2011). (Organized for the Sections on Environmental Law and Natural Resources.)
• Participant, bi-annual meeting of the Center for Progressive Reform (May 2010). (Kaswan led a break-out session for scholars preparing a white paper on climate change and federalism.)
• Faculty Advisor, California Water Law Symposium "Who Controls the Water? Reforming California Water Law Governance in the Age of Scarcity" (January 2010).
• Participant, National Association of Clean Air Agencies and the Center for Progressive Reform State Summit on Climate Change and Preemption, Washington, D.C. (March 2009).