Scholarship
Professor Kaswan's SSRN Author Page
Professor Kaswan's bepress SelectedWorks Site
Articles
"Reconciling Justice and Efficiency: Integrating Environmental Justice into Domestic Cap-and-Trade Programs for Controlling Greenhouse Gases," in Arnold, Denis, ed., Ethics, Energy, and Climate Change (forthcoming 2009). [SSRN]
"Decentralizing Cap-and-Trade? The Question of State Stringency," 1 San Diego Journal of Climate & Energy Law __ (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] (reprinted in edited form as as "Justice in a Warming World," in 26 The Environmental Forum 48 (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]
"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]
Other Publications
"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 23, 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).
"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).
"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," XXXI 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).
"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
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 11, 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 14, 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 13, 2008).
Presenter/panel member, presenting "Living Up to AB 32: Creating an Effective, Equitable, and Efficient Cap-and-Trade Program" at 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 16-19, 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 22, 2008).
Presenter, commentary on Dr. Roger Pilon's presentation, "Are Property Rights Opposed to Environmental Protection?," University of San Francisco School of Law (September 10, 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 18, 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 11, 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 15, 2008).
Presenter, “Green Buildings: The Future of the Construction Industry.” Los Angeles County Bar Association (February 6, 2008).
Panel member, “A Blockbuster Term in the Supreme United States Supreme Court.” Environmental Law Section, California State Bar Association, Environmental Law Conference (October 2007) (discussing the Supreme Court’s Massachusetts v. EPA and Environmental Defense v. Duke Energy Corp. decisions).
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).
Speaker, "Distributive Justice and the Environment: The Title VI Controversy." UC Davis School of Law faculty lunch (April 2000).
Conferences Organized
Member, Planning Committee, 2004 AALS Conference on Environmental Law on incorporating international environmental law into domestic environmental law courses (Portland, Oregon 2004).
Co-organizer, USF Law Review’s Symposium on The Domestic Response to Global Climate Change: Federal, State, and Litigation Initiatives (March 2007).
Other Conference Participation
Participant, National Association of Clean Air Agencies and the Center for Progressive Reform State Summit on Climate Change and Preemption, Washington, DC (March 2009).
Moderator, Green Energy Career Panel, University of San Francisco School of Law, San Francisco, California (March 2009).
Faculty Advisor, California Water Law Symposium IV: Adapting to Climate Change (2008).
Moderator, “The Delta Vision,” California Water Law Symposium IV: Adapting to Climate Change (2008).
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).
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).
Additional Activities
Sumbitted a memo on "Integrating Environmental Co-Benefits into AB 32's Economic Analysis" and provided brief comments at the public meeting to the Economic and Allocation Advisory Committee that is working on implementing California's climate change law.
Comments submitted to Representative Henry Waxman on "Carbon Emissions Trading and Environmental Justice: Design Issues and Recommendations" (February 2009).
Member Scholar, The Center for Progressive Reform (2008).
