Richard J. Lazarus

Howard and Katherine Aibel Professor of Law

Representative Publications

Bibliography


Books
Lazarus, Richard J. & Oliver Houck. Environmental Law Stories (Foundation Press 2005).
Lazarus, Richard J. The Making of Environmental Law (University of Chicago Press 1996).
(paperback edition)

Shorter Works in Collection
Lazarus, Richard J. "Advocacy Matters: Transforming the Court by Transforming the Bar" in Business and the Roberts Court (Jonathan H. Adler ed., Oxford University Press, 2016).
Lazarus, Richard J. "Joe Sax: Creator of a Field" in Engaged Scholarship: Law Confronting the World (University of Michigan Press, forthcoming).
Lazarus, Richard J. "Introduction" in A Good Quarrel: America's Top Reporters Share Stories from Inside the Supreme Court (2009).
Lazarus, Richard J. "Environmental Law" in Encyclopedia of the United States Supreme Court (David Spinoza Tanenhaus ed., 2008).
Lazarus, Richard J. "The Nature of Environmental Law and the U.S. Supreme Court" in Alternative Grounds: Defending the Environment in an Unwelcome Judicial Climate (Environmental Law Institute, 2005).
Lazarus, Richard J. "Shifting Paradigms of Tort and Property in the Transformation of Natural Resources Law" in Trends in Natural Resources law and Policy (1993).

Articles in a Periodical
Lazarus, Richard J. "When Dissent Turns Into Farce," 29 Environmental Law Forum 12 (2013).
Lazarus, Richard J. "The Reach of Non-Environmental Law," 30 Environmental Law Forum 12 (2013).
Lazarus, Richard J. "The Chances of a High Court Review," 30 Environmental Law Forum 12 (2013).
Lazarus, Richard J. "NAAQS: A Judicial Reality Check," 30 Environmental Law Forum 12 (2013).
Lazarus, Richard J. "As Congress Stalls, the Courts Step In," 30 Environmental Law Forum 12 (2013).
Lazarus, Richard J. "Learning Law Not (Always) Politics," 30 Environmental Law Forum 12 (2013).
Lazarus, Richard J. "Environmental Law at the Crossroads: Back 25, Looking Forward 25," 2 Michigan Journal of Environmental and Administrative Law 267 (2013).
Lazarus, Richard J. "Presidential Combat Against Climate Change," 126 Harvard Law Review Forum 152 (2013).
Full text: WWW
Lazarus, Richard J. "Norfolk & Western Railway v. Ayers, 538 U.S. 135 (2003), Essays in Honor of Ruth Bader Ginsburg," 127 Harvard Law Review (2013).
Lazarus, Richard J. "Flexing Agency Muscle?" Georgia Law Review, (forthcoming 2013).
Lazarus, Richard J. "A Tale of Two Superfund Cases," 29 Environmental Law Forum 12 (2012).
Lazarus, Richard J. "Rules ?With All Deliberate Speed?" 29 Environmental Law Forum 12 (2012).
Lazarus, Richard J. "Texas Unconvincing in Clean Air Suit," 29 Environmental Law Forum 12 (2012).
Full text: WWW
Lazarus, Richard J. "A Tall Tale That Happens to Be True," 29 Environmental Law Forum 12 (2012).
Full text: WWW
Lazarus, Richard J. "Poof!," 29 Environmental Law Forum 12 (2012).
Full text: WWW
Lazarus, Richard J. "Rules 'With All Deliberate Speed'," 29 Environmental Law Forum 12 (2012).
Full text: WWW
Lazarus, Richard J. "The Power of Persuasion Before and Within the Supreme Court of the United States," University of Illinois Law Review, 2012, at 231.
Full text: WWW
Lazarus, Richard J. "The National Environmental Policy Act in the U.S. Supreme Court: A Reappraisal and A Peek Behind the Curtains," 100 Georgetown Law Journal (forthcoming 2012).
Lazarus, Richard J. "Long Struggle for an Interstate Rule," 29 Environmental Law Forum 12 (2012).
Full text: WWW
Lazarus, Richard J. "The Justices Take on Climate, Again," 28 Environmental Law Forum 12 (2011).
Lazarus, Richard J. "States Carp Over Asian Carp Invasion," 28 Environmental Law Forum 14 (2011).
Lazarus, Richard J. "One Hundred Years of the Environment and Natural Resources Division," 41 Environmental Law Reporter 10986 (2011).
Lazarus, Richard J. "Some Thoughts on ENRD's Centennial," 27 Environmental Law Forum 12 (2010).
Lazarus, Richard J. "The Logic of High Court Decisions," 27 Environmental Law Forum 14 (2010).
Lazarus, Richard J. "Forty Years without a Win," 27 Environmental Law Forum 12 (2010).
Lazarus, Richard J. "What the Law Supposes is a Ass," 27 Environmental Law Forum 12 (2010).
Lazarus, Richard J. "Climate Change Law In and Over Time," 2 San Diego Journal of Climate Law & Policy 29 (2010).
Lazarus, Richard J. "Super Wicked Problems and Climate Change: Restraining the Present to Liberate the Future," 40 Environmental Law Reporter (Third Annual Environmental Law and Policy Annual Review) 10749 (2010).
(reduced version of 2009 Cornell Law Review article based committee selection of law review articles published that year that represent the "best legal and policy solutions to pressing environmental problems"); A Reply, 40 Environmental Law Reporter 10766 (2010) (a short reply on three published commentaries on my article))
Lazarus, Richard J. "The Transition and Two Court Case," 26 Environmental Law Forum 12 (2009).
Lazarus, Richard J. "When a Loss Is Almost a Victory," 26 Environmental Law Forum 14 (2009).
Lazarus, Richard J. "Environmentalists Lose Every Case," 26 Environmental Law Forum 12 (2009).
Lazarus, Richard J. "A Huge Green Win in the 2nd Circuit," 26 Environmental Law Forum 12 (2009).
Lazarus, Richard J. "At Least It Was April Fool's Day," 26 Environmental Law Forum 12 (2009).
Lazarus, Richard J. "Judging Appointee's Green Record," 26 Environmental Law Journal 12 (2009).
Lazarus, Richard J. "Docket Capture at the High Court," 199 Yale Law L.J. Online 89 (2009).
Lazarus, Richard J. "An Introduction: First Annual Climate & Energy Law Symposium: Federal Preemption of State Prerogative-California in the Face of National Climate Policy," 1 San Diego Journal of Climate Law and Policy 1 (2009).
Lazarus, Richard J. "Courts Continue to Needle on Climar," 25 Environmental Law Forum 12 (2008).
Lazarus, Richard J. "Four New Policies, Four Rejections," 25 Environmental Law Forum 12 (2008).
Lazarus, Richard J. "Redo the Analysis from the Ground Up," 25 Environmental Law Forum 12 (2008).
Lazarus, Richard J. "The Age of the Expert Advocate," 25 Environmental Law Forum 12 (2008).
Lazarus, Richard J. "Sierra to Court: Don't Fence Us Out," 25 Environmental Law Forum 16 (2008).
Lazarus, Richard J. "Environment on the Docket Again," 25 Environmental Law Forum 12 (2008).
Lazarus, Richard J. "Advocacy Matters Before and Within the U.S. Supreme Court: Transforming the Court by Transforming the Bar," 96 Georgetown Law Journal 1487 (2008).
Lazarus, Richard J. "The Environment and Natural Resources Division of the United States Department of Justice: Planning for the Transition to the Next Administration,," 2 Harvard Law & Policy Review 269 (2008).
Lazarus, Richard J. "Environmental Law After Katrina: Reforming Environmental Law by Reforming Environmental Lawmaking," 81 Tulane Law Review 1019 (2007).
Lazarus, Richard J. "The Measure of a Justice: Justice Scalia and the Faltering of the Property Rights Movement within the U.S. Supreme Court," 57 Hastings Law Journal 759 (2006).
Lazarus, Richard J. "Congressional Descent: The Demise of Deliberative Democracy in Environmental Law," 94 Georgetown Law Journal 619 (2006).
Lazarus, Richard J. "Human Nature, the Laws of Nature, and the Nature of Environmental Law," 24 Virginia Environmental Law Journal 231 (2005).
Lazarus, Richard J. "Restoring What's Environmental About Environmental Law in the Supreme Court," 47 UCLA Law Review 703 (2000).

Reports or Studies
Lazarus, Richard J. "Deep Water: The Gulf Oil Disaster and the Future of Offshore Drilling, Report to the President of the United States", United States Government Printing Office (2011).
Full text: WWW
(Executive Director of the National Commission on the BP Deepwater Horizon Oil Spill and Offshore Drilling and Principal Author of the Report)

Presentations
Lazarus, Richard J. Supreme Court Environmental Law Review and Preview – October Term 2012 (Harvard Law School) (February).
Lazarus, Richard J. Environmental Lawmaking in the 21st Century: Is a Catastrophe Necessary? (Harvard Law School) (April).
Lazarus, Richard J. Supreme Court 2012 Term Review & 2013 Term Preview (panel at Harvard Law School) (Oct. 7, 2013).
Full text: WWW
Lazarus, Richard J. Environmental Lawlessness (Howard J. and Katherine W. Aibel Professorship of Law Chair Lecture at Harvard Law School) (Apr. 10, 2013).
Full text: WWW
Lazarus, Richard J. Supreme Court 2011 Term Review & 2012 Term Preview (Environmental Law Institute panel at Harvard Law School) (Sept. 25, 2012).
Full text: WWW
Lazarus, Richard J. Docket Capture at the High Court (presented as part of Harvard Law School Thinks Big, at Harvard Law School) (May 23, 2012).
Full text: WWW
Lazarus, Richard J. The Gulf Coast Oil Spill: Root Causes and Legal Consequences (April 2012).
(Law and Society Seminar, Meeting of Federal Bankruptcy Judges, Harvard Law School)
Lazarus, Richard J. Presentation at Harvard Law School honoring Justice John Paul Stevens as Environmental Law's Steward on the Nation's Highest Court (Apr. 25, 2012).
Full text: WWW
(Harvard Environmental Law Society Program Presentation of Horizon Award in Honor of Outstanding Contributions in Environmental Law)
Lazarus, Richard J. Arguing Before and Within the Supreme Court: The Significance for Public Interest Advocacy of Environmentalists' Zero-for-Seventeen Record in NEPA Cases, presented at Harvard Law School (Apr. 9, 2012).
(Harvard Environmental Law Society Supreme Court Speaker Series)
Lazarus, Richard J. Environmental Law at the Crossroads: Looking Back 25, Looking Forward 25, presented at the University of Michigan Law School (Mar. 23, 2012).
Full text: WWW
(Annual Meeting of the National Association of Environmental Law Societies, Ann Arbor, MI)
Lazarus, Richard J. The 2010 Gulf Oil Spill: Investigating its Root Causes at the Request of the President, presented at University of California Irvine School of Law (Feb. 7, 2012).
Full text: WWW
(University of California Irvine School of Law, The Center for Land, Environment, and Natural Resources)
Lazarus, Richard J. Lecture on The Deepwater Horizon Oil Spill of 2010: Investigating its Root Causes at the Request of the President at the University of Houston Law Center (Nov. 16, 2011).
Full text: WWW
(Part of the Environment, Energy & Natural Resource Center Speaker Series at the University of Houston Law Center)
Lazarus, Richard J. AEP v. Connecticut: Climate Change and the Federal Common Law in the U.S. Supreme Court at Georgetown University Law Center, Moderator (Apr. 19, 2011).
Lazarus, Richard J. Moderator for AEP v. Connecticut: Climate Change and the Federal Common Law in the U.S. Supreme Court at Georgetown University Law Center (Apr. 19, 2011).
(Moderator, Georgetown University Law Center)
Lazarus, Richard J. Striking the Energy/Environment Balance (Moderator), at the Annual Climate and Energy Symposium (Apr. 15, 2011).
(Advancing a Clean Energy Future, Annual Climate and Energy Symposium, University of San Diego, San Diego, CA)
Lazarus, Richard J. Investigating the Gulf Oil Spill: The Challenges and Opportunities of a Presidential Commission (Keynote Address), at University of California Davis School of Law (Apr. 1, 2011).
(University of California at Davis School of Law Symposium on the BP Gulf Oil Spill, Davis, CA)
Lazarus, Richard J. Lecture on Investigating the Gulf Oil Spill: The Challenges and Opportunities of a Presidential Commission, at University of San Diego School of Law (Mar. 24, 2011).
(University of San Diego School of Law, San Diego, CA)
Lazarus, Richard J. Lecture on Investigating the Gulf Oil Spill: The Challenges and Opportunities of a Presidential Commission, at UCLA School of Law (Feb. 23, 2011).
(UCLA School of Law, Los Angeles, CA)
Lazarus, Richard J. Lecture, Investigating the Gulf Oil Spill: The Challenges and Opportunities of a Presidential Commission, at University of Illinois School of Law (Jan. 2011).
(University of Illinois School of Law, Urbana, IL)
Lazarus, Richard J. The Deepwater Horizon Oil Spill of 2010: Investigating its Root Causes at the Request of the President (2011).
Lazarus, Richard J. Panelist, Supreme Court Nominee Elena Kagan: The Senate Confirmation Process and Justice Kagan's Potential Impact on the Court, Georgetown University Law Center (May 18, 2010).
Lazarus, Richard J. Lecture, The Emergence of a Modern Supreme Court Bar: Challenges and Responsibilities, at Yale Law School (New Haven, CT) (Mar. 9, 2010).
Lazarus, Richard J. Panelist, Oral Argument Before the Supreme Court, at the Peter Jennings Project for Journalists and the Constitution (National Constitution Center, Philadelphia, PA) (Feb. 28, 2010).
Lazarus, Richard J. Keynote Address: The Constitution and the Environment, for the Program on Environmental Protection in the Balance: Citizens, Courts, and the Constitution (Feb. 26, 2010).
(The Program on Environmental Protection in the Balance: Citizens, Courts, and the Constitution was co-sponsored by the University of California at Berkeley School of Law, Georgetown University Law Center, and the Environmental Law Institute, Washington D.C)
Lazarus, Richard J. Lecture: The Power of Persuasion Before and Within the Supreme Court of the United States, at the University of Illinois College of Law (Urbana, IL) (Feb. 24, 2010).
(Spring, 2010 David C. Baum Memorial Lecture on Civil Liberties and Civil Rights)
Lazarus, Richard J. Lecture: Environmental Law and the Supreme Court: The Significance of Advocacy and Opinion Writing at One First Street, N.E., at Georgetown University Law Center (Washington, DC) (Feb. 3, 2010).
(Inaugural Lecture for Installation as Justice William J. Brennan, Jr., Professor of Law, Georgetown University)
Lazarus, Richard J. Stop the Beach Renourishment v. Florida Dept of Envt?l Protection (U.S. Sup Ct) (December 2009).
(Panel Presentation on Supreme Court Argument In Pending Takings Case, Georgetown University Law Center, Washington, D.C)
Lazarus, Richard J. Environmental Law in the Supreme Court ? Review of October Term 2008 and Preview of October Term 2009 (October 2009).
(Harvard Law School, Cambridge, MA)
Lazarus, Richard J. Docket Capture at the High Court (September 2009).
(Yale Supreme Court Advocacy Clinic Conference on Important Questions of Federal Law ? Assessing the Supreme Court?s Case Selection Process, National Press Club, Washington, D.C)
Lazarus, Richard J. The National Environmental Policy Act Before the United States Supreme Court: A Reappraisal and a Peek Behind the Curtains (August 2009).
(First World Congress of Environmental History, Copenhagen, Denmark)
Lazarus, Richard J. Environmental Law in the Roberts Court (April 2009).
(Vermont Law School, South Royalton, VT)
Lazarus, Richard J. Environmental Law Before the Supreme Court (April 2009).
(Tulane Law School Environmental Law Summit, New Orleans, LA)
Lazarus, Richard J. Environmental Litigation Before the U.S. Supreme Court: A Case Study of the Roberts Court (March 2009).
(University of Michigan, Ann Arbor, MI)
Lazarus, Richard J. Advocacy Matters: The Emergence of a Modern Supreme Court Bar (February 2009).
(Northwestern University School of Law, Chicago, IL)
Lazarus, Richard J. Federal Preemption or State Prerogative ? Keynote Lecture (February 2009).
(University of San Diego First Annual Climate & Energy Law Symposium, San Diego, CA)
Lazarus, Richard J. The Making of Environmental Law (February 2009).
(University of Richmond School of Law)
Lazarus, Richard J. The Plain Meaning of Plain Meaning ? Entergy v. Riverkeeper (February 2009).
(University of Richmond School of Law)
Lazarus, Richard J. Supreme Court October Term 2008 ? A Mid Term Review (February 2009).
(Roundtable Discussion, Stanford University School of Law, Palo Alto, CA)

Miscellaneous Publications
Lazarus, Richard J. Monsanto v. Geertson Seed Farms, No. 09-475 (decided June 21, 2010)
Full text: WWW
(Brief for Respondents)
Lazarus, Richard J. Entergy Corp. v. Riverkeeper, No. 07-588 (decided April 1, 2009) (argued)

Representative Publications