Books:
The Whale Who Danced the Blues: Our Battle to Save the Ocean (in progress)
The Octopus in the Parking Garage: A Call for Climate Resilience (Columbia University Press, 2023
• CHOICE Outstanding Academic Title of 2023 (American Library Association)
Climate Disaster Law: Barriers and Opportunities (Edward Elgar Publishing, Rosemary Lyster & Robert R.M. Verchick eds., 2018)
Disaster Law and Policy (Aspen Publishing, 3d ed. 2015, 2d ed. 2009) (with Daniel A. Farber, James Ming Chen, & Lisa Grow Sun)
Feminist Legal Theory (NYU Press, 2d ed. 2016, 1st ed. 2001) (with Nancy Levit and foreword by Martha Minow)
Facing Catastrophe: Environmental Action for a Post-Katrina World (Harvard University Press 2010)
• CHOICE Outstanding Academic Title of 2010 (American Library Association)
Articles in Academic Journals:
The Whale Who Danced the Blues: Toward Saving the World’s Ocean, -- Environmental Law Review -- (2025) (Lewis and Clark University) (forthcoming)
Killer Heat: The Disaster FEMA Refuses to Own, 2025 University of Chicago Legal Forum 1 (2025)
The Keynote Address to Georgia State University College of Law's 28th Annual Law Review Symposium, 39 Georgia State University Law Review 1163 (2023)
Building a Climate-Resilient Power Grid: Lessons from Texas-Size Storms and the Queensland Floods, 3 Frontiers in Climate(2021), doi: 10.3389/fclim.2021.734227 (with Rosemary Lyster)
The Long Goodbye: How to Build a Responsible Climate Migration Program, 93 Temple Law Review 713 (2021)
Diamond in the Rough: Disaster Justice in Surat, India, 1(3) Environment and Planning E: Nature and Space 288 (2018)
Inequality, Social Resilience, and the Green Economy, 86 U.M.K.C. L. Rev. 755 (2018) (with Sidney A. Shapiro)
Can “Loss and Damage” Carry the Load, 376 Philosophical Transactions of the Royal Society A: Mathematical, Physical, and Engineering Sciences, 20170070 (2018)
Culture, Cognition, & Climate, 2016 University of Illinois Law Review 969
• selected by Environmental Law & Policy Annual Review as one of the top twenty environmental law articles published in 2016-17
When Retreat Is the Best Option: Flood Insurance after Biggert-Waters and Other Climate Change Puzzles, 47 John Marshall Law Review 695 (2013) (with Lynsey Rae Johnson)
Disaster Justice: The Geography of Human Capability, 24 Duke Environmental Law & Policy Forum 23 (2012)
• selected by Land Use and Environmental Law Review as one of the top environmental law articles published in 2012-13
Blow Out in the Gulf of Mexico: Assessing Environmental Damages and Minimizing Risk (with Stephen Wussow), 56 Law & Technology (2012) (translated into Japanese by Tadashi Otsuka)
Adapting to Climate Change while Planning for Disaster: Footholds, Rope Lines, and the Iowa Floods, 2011 B.Y.U. Law Review 2201 (2011) (with Abby Hall)
Climate Change and the Puget Sound: Building the Legal Framework for Adaptation, 2(3) Climate Law 1 (2011) (with Yee Huang, et al.)
One L Revisited: Tales from the Back Bench, 78 U.M.K.C. L. Rev. 1111 (2010)
Katrina, Feminism, and Environmental Justice, 13 Cardozo Journal of Law and Gender 791 (2007)
Afterword: The Economics of Infrastructure, 52 Loyola Law Review 933 (2007)
Risk, Fairness, and the Geography of Disaster, Issues in Legal Scholarship, Symposium on Catastrophic Risks: Prevention, Compensation, and Recovery (2007): Article 6, available at http://www.bepress.com/ils/iss10/art6 (reprinted in Disaster Management: Legal and Policy Perceptions (A. Sabitha, ed. 2007-08))
The Case Against Cost-Benefit Analysis, 32 Ecology Law Quarterly 101 (University of California at Berkeley 2005)
Loving Las Vegas, 37 Urban Lawyer 619 (2005)
Same-Sex and the City, 37 Urban Lawyer 191 (2005)
Unique Property Annotated Bibliography, 18 Journal of the American Academy of Matrimonial Lawyers 589 (2004) (with Nancy Levit)
Toward Normative Rules for Agency Interpretation: Defining Jurisdiction under the Clean Water Act, 55 Alabama Law Review 845 (2004)
Let the People Speak: Notice and Comment Rulemaking (Lessons from the Controversial New Source Review Proposal of the Clean Air Act), 34 Environmental Law Reporter 10115 (Environmental Law Institute 2004) (with Victor Flatt, Michael M. O’Hear, and Mark Squillace)
Can Local Government Save the Global Commons? Lessons from the Johannesburg Summit, 3 Stanford Agora (2003)
Why the Global Environment Needs Local Government: Lessons from the Johannesburg Summit, 35 Urban Lawyer 471 (2003)
Beyond the “Courts of the Conqueror”: Balancing Private and Cultural Property Rights under Hawaiian Law, 5 The Scholar: St. Mary’s Law Review on Minority Issues 201 (2003) (with M. Casey Jarman)
Steinbeck’s Holism: Science, Literature, and Environmental Law, 22 Stanford Environmental Law Journal 1 (2003)
Foreword: Cities on the Frontline, 34 Urban Lawyer 557 (2002)
Free Speech, Toxic Tort, and the Battle of Sugar Creek, 70 UMKC Law Review 245 (2001)
A Survey of Federal Agency Response to President Clinton's Executive Order No. 12898 on Environmental Justice (with Denis Binder, et al.), 31 Environmental Law Reporter 11133
• excerpted in Clifford Rechtschaffen and Eileen Gauna, Environmental Justice (2002))
Feathers or Gold? A Civic Economics for Environmental Law, 25 Harvard Environmental Law Review 95 (2001)
• excerpted in Sophisticated Sabotage (Thomas McGarity, Sid Shapiro, & David Bollier, eds. 2004)
A New Species of Rights? 89 California Law Review 207 (2001)
Environmental Law, The Pre-quel, 3 Jurist: Books-on-Law (May 2000)
Dust Bowl Blues: Saving and Sharing the Ogallala Aquifer, 14 Journal of Environmental Law & Litigation 13 (1999)
Critical Space Theory: Keeping Local Geography in American and European Environmental Law, 73 Tulane Law Review 739 (1999)
• excerpted in Natural Resources Law: A Place-Based Book of Cases and Problems (Christine A. Klein, Frederico Cheever, Bret C. Birdsong, eds. 2005)
The Commerce Clause, Environmental Justice, and the Interstate Garbage Wars, 70 Southern California Law Review 1239 (1997)
In a Greener Voice: Feminist Theory and Environmental Justice, 19 Harvard Women's Law Journal 23 (1996)
Engaging the Spectrum: Civic Virtue and the Protection of Student Voice in School-Sponsored Forums, 24 John Marshall Law Review 339 (1991)
Book Chapters:
Climate-Induced Disasters and Electricity Infrastructure (with Rosemary Lyster and Daniel A. Farber)
Building a Resilient Power Grid, in The Cambridge Handbook of Disaster Law: Risk, Recovery, and Redevelopment (Cambridge University Press, John Travis Marshall, ed., 2021)
Disaster, in Oxford Handbook of International Environmental Law (2d ed. Oxford University Press, Lavanya Rajamani & Jacqueline Peel eds., 2021) (with Paul Rink)
Foreword: Bubble Trouble, in John R. Nolon, Choosing to Succeed: Land Use Law and Climate Control (Environmental Law Institute 2021)
Big Chills: How U.S. Choices Will Affect Cuba’s Environmental Future, in The Cuba-US Bilateral Relationship: New Pathways and Policy Choices (Oxford University Press, Michael J. Kelly, et al. eds., 2019) (with Karen C. Sokol)
Tales from the Back Bench, in Beyond One L: Stories About Finding Meaning and Making a Difference in Law (Nancy Levit & Allen Rostron eds., 2019)
Planning for Disaster, in Climate Disaster Law: Barriers and Opportunities (Edward Elgar Pub., Rosemary Lyster & Robert R.M. Verchick eds., 2018)
Protecting the Power Grid from Climate Disaster, in Climate Disaster Law: Barriers and Opportunities (Edward Elgar Pub.,Rosemary Lyster & Robert R.M. Verchick eds., 2018) (with Rosemary Lyster)
Environmental Law, in Cuba: A Legal Guide to Business, (Thomas Reuters Publishing, José Cot & Rolando Anillo eds., 2016)
Disaster Law and Climate Change, in Climate Change Law, (Edward Elgar Publishing, Daniel A. Farber & Marjan Peeters eds., 2016)
Natural Disaster and Climate Change, in International Environmental Law and the Global South: Comparative Perspectives, 491-507 (Shawkat Alam, Sumudu Atapattu, Carmen G. Gonzalez, & Jona Razzaque eds., Cambridge University Press 2015) (with Paul Govind)
Protecting the Coast, in The Law of Adaptation to Climate Change: United States and International Aspects (Michael B. Gerrard and Katrina Kuh, eds., ABA Publishing 2012) (with Joel Scheraga)
Adaptive Justice, in Climate Change Reader (William Rodgers & Michael Robinson-Dorn eds., Carolina Press 2009)
Adaptation, Economics, and Justice, in Economic Thought and U.S. Climate Change Policy (David Driesen ed., MIT Press 2009)
Preemption and Theories of Federalism (with Nina Mendelson, University of Michigan), in Preemption Choice: The Theory, Law and Reality of Federalism’s Core Question (William W. Buzbee ed., Cambridge University Press 2009)
Fair Distribution of Environmental Harms and Benefits, in A New Progressive Agenda for Public Health and the Environment (Rena Steinzor & Christopher Schroeder eds., Carolina Press 2004)
Feminist Theory and Environmental Justice, in New Perspectives on Environmental Justice: Gender, Sexuality and Activism, (Rachel Stein ed., Rutgers University Press 2004)
Policy Papers:
The False Promise of Carbon Capture as a Climate Solution in Louisiana and Beyond (2021) (with Katlyn Schmitt, Karen Sokol, and David Flores on behalf of Center for Progressive Reform)
Disaster and Environmental Regulation, (2018) (with Kaitlin Brockett) Prepared for ABA Section of Environment, Energy and Resources. Received “Best Paper Award.”
From Surviving to Thriving: A Disaster Resilience Report (2018) (with Rebecca Bratspies, Maxine Burkett, John Echiverria, Dan Farber, Victor Flatt, David Flores, Alyson Flournoy, Evan Isaacson, Alice Kaswan, Christine Klein, Joel Mintz, Sid Shapiro, Karen Sokol, Joseph Tomain, Katie Tracy, on behalf of Center for Progressive Reform)
Reaching Higher Ground: Avenues to Secure and Manage New Land for Communities Displaced by Climate Change (2017) (with Maxine Burkett and David Flores, on behalf of the Center for Progressive Reform).
Case Studies of Nonstructural Adaptation Strategies: Lessons Learned and Best Practices for Vulnerable Communities in the Gulf Coast Region (2015) (with Carmen Gonzalez, Yee Huang, Shawn Bowen, and Nowal Jamhour, on behalf of the Center for Progressive Reform)
What Lawyers Should Know About Climate Change Adaptation (2013). Prepared for ABA Section of Environment, Energy and Resources.
Fairness in the Bay: Environmental Justice and Nutrient Trading in the Chesapeake (2012) (with Rena Steinzor, Nicholas Vidargas, and Yee Huang, on behalf of the Center for Progressive Reform)
Climate Change and the Puget Sound: Building the Legal Framework for Adaptation (2011) (with Robert L. Glicksman, Catherine O’Neill, Yee Huang, William L. Andreen, Robin Kundis Craig, Victor Flatt, William Funk, Dale Goble, and Alice Kaswan, on behalf of the Center for Progressive Reform)
Protecting Public Health and the Environment by the Stroke of a Presidential Pen: Seven Executive Orders for the President’s First 100 Days (2008) (with Rebecca Bratspies, David Driesen, Robert Fischman, Sheila Foster, Eileen Gauna, Robert Glicksman, and Alexandra Klass, on behalf of the Center for Progressive Reform)
An Unnatural Disaster: The Aftermath of Hurricane Katrina (2005) (with David Driesen, Alyson Flournoy, Sheila Foster, Eileen Gauna, Robert L. Glicksman, Carman Gonzalez, David Gottlieb, Donald T. Hornstein, Douglas Kysar, Catherine A. O’Neill, Clifford Rechtschaffen, Christopher Schroeder, Sidney Shapiro, Rena Steinzor, Joseph P. Tomain, and Karen Sokol, on behalf of the Center for Progressive Reform)
Short-Form Writing:
Guest Essay, Carbon Capture Could Have a Big Impact on Property Owners. Here’s How, Times-Picayune/Advocate (New Orleans) (June 20, 2025) (with Martha Thibault)
Guest Essay, The New Orleans Power Outage Shows How Urgently a Climate-Resilient Power Grid Is Needed, Washington Post, Sept. 3, 2021
Guest Essay, Louisiana Should Get Serious about Its Climate Crisis, Times-Picayune/Advocate (New Orleans) (Feb. 23, 2021)
Guest Essay, A Legal Pillar of Environmental Justice Is Now Under Attack, The Hill (Washington, D.C.), Sept. 1, 2021 (with James Goodwin)
Article, Outsmarting Climate Change 58 Conversations on Jesuit Higher Education 41 (2020)
Guest Essay, Not Content with his War on Science, Scott Pruitt Now Wages a War on Economics, Los Angeles Times (June 28, 2018)
Guest Essay, Burying Our Head in Sand on Climate Change No Longer an Option, Houston Chronicle (Sept. 28, 2017) (with Victor Flatt)
Guest Essay, About that Octopus in the Parking Garage, Miami Herald (Dec. 4, 2016) (with Daniel Farber)
Article, Our Energy Grid Is Amazingly Vulnerable. And Climate Change Is the Cause, Slate (Aug. 26, 2016), http://slate.me/2bEnDu0
Guest Essay,Time for Communities to Face Climate Change, Advocate (New Orleans) (Apr. 14, 2016)
Guest Essay, VW and GM Scandals Show Why Regulation Matters, The Hill (Washington, D.C.) (Sept. 30, 2015) (with Rena Steinzor)
Guest Essay, Katrina’s Lessons: Learned and Unlearned, Houston Chronicle (Aug. 28, 2015)
Guest Essay, SB 469 Shouldn't Be Rushed, The Advocate (New Orleans) (June 8, 2014) (with Christine Klein)
Guest Essay, Gov. Jindal, Don't Sign Away Our Legal Claims Against BP, Times-Picayune (New Orleans) (May 31, 2014)
Article, Become a Rulemaking Ninja: Exploring the OIRA Web Portal, 43 Environmental Law Reporter 10980 (Nov. 2013)
Guest Essay, Politics and Progress: Will the White House Stall Its Own Climate Change Plans?, The Hill (Washington, D.C.) (July 25, 2013)
Guest Essay, In Making Disaster Plans, We Have to Imagine the Worst Case, Times-Picayune (New Orleans) (Apr. 28, 2011)
Guest Essay, Recovery in Japan: Will It Be Heavy-Handed or Hands-Off?, Christian Science Monitor (Apr. 13, 2011)
Guest Essay, A Federal Obligation, Baltimore Sun (Feb. 7, 2006)
Guest Essay, An Earth Summit Scorecard, International Society for Human Rights Newsletter (Oct. 2002)
Guest Essay, Summit Produces Global Benefits, Kansas City Star (Sept. 24, 2002)
Guest Essay, “A Civil Action” Shows How Community Is Often Forgotten, Kansas City Star (Feb. 4, 1999)
Fiction:
Bears, 2 Voices 19 (2004) (short story)