Scholarship
Professor Kaswan's SSRN Author Page
Professor Kaswan's bepress SelectedWorks Site
Law Review and Journal Articles
"Decentralizing Cap-and-Trade? State Controls Within a Federal Greenhouse Gas Cap-and-Trade Program," Virginia Journal of Environmental Law (forthcoming 2010).
"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). [SSRN] (An excerpt of this article was also published as "Justice in a Warming World" in The Environmental Forum (2009) and in Environmental Justice: Law, Policy & Regulation, 2009).
"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]
"Distributive Justice and the Environment," 81 North Carolina Law Review 1031 (2003). [SSRN]
"Defining the Movement: Parallels Between Feminism and Environmentalism," 9 Cardozo Women's Law Journal 455 (2003).
"A Survey of Federal Agency Response to President Clinton's Executive Order No. 12898 on Environmental Justice,"31 Environmental Law Reporter 11133 (October 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
"Reconciling Justice and Efficiency: Integrating Environmental Justice into Domestic Cap-and-Trade Programs for Controlling Greenhouse Gases," in Arnold, Denis, ed., Ethics and Global Climate Change (Cambridge University Press, forthcoming 2010). (book chapter) [SSRN]
"Greenhouse Gas Cap-and-Trade Programs and Environmental Justice," in Robert Bullard, ed. (MIT Press, forthcoming) (book on climate justice). (book chapter)
Opinion Pieces and Blog Posts
"Murkowski Proposal Shutters the Only Game in Town: The Clean Air Act," CPRBlog (January, 22, 2010)
"Boxer-Kerry: Integrating Regulation and Cap-and-Trade," CPRBlog (October 1, 2009).
"Second Circuit's Decision in Connecticut v. AEP Makes Clear No One is Above the Law," CPRBlog (September 23, 2009).
"Why a Cap-and-Trade System Needs a Regulatory Backstop," CPRBlog (August 26, 2009).
"CPR Perspective: Environmental Justice and Climate Change - Incorporating Environmental Justice into Greenhouse Gas Cap-and-Trade Programs," Center for Progressive Reform website (July 2009).
"The Waxman-Markey Bill's Federal-State Partnership," CPRBlog (June 17, 2009).
"Waxman-Markey: Environmental Justice," CPRBlog (April 2, 2009).
"Waxman-Markey: Renewables, Transportation, and EPA and State Regulation," CPRBlog (April 2, 2009).
"Climate Change and the Courts," Environmental Litigation Reporter (Thomson West), Vol. 28, Issue 6 (October 17, 2007).
"Federal Courts and Climate Change Suits," Environmental News Network (September 27, 2007).
"The Americans with Disabilities Act as a Weapon Against Indoor Air Pollution," 4 Environmental Law in New York 97 (July 1993) (Part I); 4 Environmental Law in New York 113 (August 1993) (Part II).
Presentations and Lectures
Presenter/Panelist, “Carbon Trading: Help or Harm? A Domestic Environmental Justice Perspective,” on the panel “Carbon Trading: Help or Harm?,” UC Berkeley 6th Annual Environmental Justice Symposium (February 2010).
Panelist, "The Supreme Court Takes on Environmental Law: Our Annual Supreme Court Review," hosted by the Bar Association of San Francisco Environmental Law Section, San Francisco (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, Oregon (September 2009).
Presenter, "Greening the Grid and Climate Justice," Lewis & Clark Law School conference "Greening the Grid," Portland, Oregon (April 2009).
Moderator, Green Energy Career Panel, University of San Francisco School of Law, San Francisco, California (March 2009).
Presenter, "Decentralizing Cap-and-Trade," University of San Diego School of Law Climate and Energy Law Symposium on "Federal Preemption or State Prerogative: California in the Face of National Climate Policy," San Diego, California (February 2009).
Presenter/Panelist, National Teach-In on Global Warming Solutions, University of San Francisco, San Francisco, California (February 2009).
Presenter, "Cities, Consumption, and Climate Change," Cooper-Walsh Colloquium: The Future of the American City, Fordham Law School, New York, NY (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, DC (November 2008).
Presenter/Panelist, presenting "Living Up to AB 32: Creating an Effective, Equitable, and Efficient Cap-and-Trade Program" during the panel, "Cap-and-Trade and Environmental Justice: Can Markets Work for Both Consumers and Regulated Industry," Annual California State Bar Association Environmental Law Section Conference, Yosemite, California (October 2008)
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, commentary on Dr. Roger Pilon's presentation, "Are Property Rights Opposed to Environmental Protection?," University of San Francisco School of Law (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).
Presenter/panel member, "Designing Cap-and-Trade Programs to Meet the Three E's: Efficacy, Equity, and Efficiency." From Protection to Empowerment: Policy Solutions to Ensure Equal Access to the Green Economy Conference, UC Berkeley School of Law (April 2008).
Presenter, "Reconciling Efficiency and Justice: Integrating Environmental Justice into Cap-and-Trade Programs for Controlling Greenhouse Gases." Energy and Responsibility: A Conference on Ethics and the Environment, sponsored by the University of Tennessee, Knoxville (April 2008).
Moderator, “The Delta Vision,” California Water Law Symposium IV: Adapting to Climate Change (Febuary 2008).
Presenter, “Environmental Justice and Climate Change Policy.” Symposium on Climate Change: Integrating Environmental Justice into Policy, Regulation, and Litigation, Denver University Sturm College of Law (February 2008).
Presenter, “Green Buildings: The Future of the Construction Industry.” Los Angeles County Bar Association (February 2008).
Panelist, “A Blockbuster Term in the Supreme United States Supreme Court.” Environmental Law Section, California State Bar Association, Environmental Law Conference (October 2007). (Discussion of the Supreme Court’s Massachusetts v. EPA and Environmental Defense v. Duke Energy Corp. decisions.)
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,” USF Law Review Symposium on The Domestic Response to Global Climate Change: Federal, State, and Litigation Initiatives (March 2007).
Panel member, "Introduction to Environmental Justice." Environmental Justice and Access to Clean Drinking Water, 2006 California Water Law Symposium, UC Hastings College of the Law (February 2006).
Moderator, "Hydroenergy," 2005 California Water Law Symposium (January 2005).
Moderator, "Shaping the Future: What Our Decisions Today Mean for Tomorrow," Conference on Environmental Ethics and Policy: Bringing Philosophy Down to Earth, UC Davis (April 2003).
Speaker, "Distributive Justice and the Environment: The Title VI Controversy." UC Davis School of Law faculty lunch (April 2000).
Professional and Public Service
Member, Executive Committee of the AALS Environmental Law Section (since February 2010).
Member Scholar, Center for Progressive Reform (since November 2008).
"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).
Faculty Advisor, California Water Law Symposium: "Who Controls the Water? Reforming California Water Law Governance in an Age of Scarcity" (January 2010).
Faculty Advisor, California Water Law Symposium IV: "Adapting to Climate Change" (February 2008).
Co-organizer, USF Law Review’s Symposium on "The Domestic Response to Global Climate Change: Federal, State, and Litigation Initiatives" (March 2007).
Member, 2004 AALS Conference on Environmental Law Planning Committee (Portland, Ore., 2004). (Conference focused on incorporating international environmental law into domestic environmental law courses.)
Participant, National Association of Clean Air Agencies and the Center for Progressive Reform State Summit on Climate Change and Preemption, Washington, DC (March 2009).
"Integrating Environmental Co-Benefits into AB 32's Economic Analysis," memo submitted to the California Economic and Allocation Advisory Committee (October 2009).
"Carbon Emissions Trading and Environmental Justice: Design Issues and Recommendations," comments submitted to Representative Henry Waxman (February 2009).
Awards
Dean's Circle Scholar, USF School of Law (2010)
