Curriculum Vitae
James Salzman
Duke University
P.O. Box 90360
Durham, NC 27708-0360
Telephone (919) 613.7185
Fax (919) 613.7231
salzman@law.duke.edu
Education
- Harvard Graduate School of Arts and Sciences Cambridge, Massachusetts
M.Sc., Engineering Sciences 1990 - Harvard Law School Cambridge, Massachusetts
J.D., Cum Laude 1989 - Yale College New Haven, Connecticut
B.A., Magna Cum Laude with Distinction in History 1985
Awards
- Bren Fellow
Bren School of Environmental Science & Management, UC Santa Barbara, Jan. 8-21, 2004 - Emalee C. Godsey Scholar
Awarded by the Washington College of Law for outstanding scholarship, 2003-2004 - Fulbright Senior Scholar
Australia, 2002 - 2003 (appointments at Macquarie University Biological Sciences and Law Departments) - McMaster Fellow
Australia, 2002 - 2003 (awarded by the Commonwealth Scientific & Industrial Research Organisation) - Egon Guttman Scholar
Awarded by the Washington College of Law for outstanding casebook, 1999-2000 - Royal Geographical Society London, England
Fellow, elected 1995 - Sheldon Fellow
Awarded by Harvard to ten university graduates for a year’s travel and study, 1990
Work Experience
- Duke University Durham, NC
Professor of Law Law School
Nicholas Institute Professor of Environmental Policy
Nicholas School of Environment and Earth Sciences - The Washington College of Law at The American University Washington D.C.
Assistant Professor 1995 – 1998
Associate Professor 1998 – 2001
Professor 2001 – 2004 - Yale University New Haven, CT
Visiting Professor School of Forestry & Environmental Studies, Spring 2004
Visiting Lecturer Law School, Spring 2004 - Macquarie University Sydney, Australia
Visiting Professor Biology and Law Departments, Fall 2002 - Spring 2003 - Harvard University Cambridge, Massachusetts
Visiting Associate Professor Law School, Spring, 2000 - Stanford University Stanford, California
Visiting Associate Professor School of Law,Fall 1998
Visiting Scholar Department of Biological Sciences, Spring 1999 - Trade and Environment Policy Advisory Committee
Principal Liaison 1996 - current
Provide counsel to official advisory panel to the EPA Administrator and U.S. Trade Representative on conflicts
involving environmental protection and international trade law - Principal Investigator, EPA/NSF STAR Grant 1998 - 2000
Supervised $164,000 grant to integrate ecological and economic research on ecosystem services into
environmental policy. Collaborators included Paul Ehrlich and Gretchen Daily. Results reviewed at an
interdisciplinary conference and published in a special issue of the Stanford Environmental Law Journal. - Lund University, Department of Environmental Economics, Lund, Sweden
Visiting Professor 1995 - current
Lecture one week every year to Masters Candidates on international environmental law and policy - S.C. Johnson Wax, London
European Environmental Manager 1992 - 1995
Senior environmental manager for Europe charged with improving environmental performance in 14 countries- Provided strategic counsel to senior management on environmental actions and policies
- Coordinated legal compliance, training, auditing and communication activities
- Organization for Economic Cooperation and Development, Paris 1990 - 92
- Wrote first book ever published on national eco-labeling programs
- Consulted with national governments in the creation of their programs
- Developed clean technology policy audits implemented by Austrian, British and Dutch governments
- Foley, Hoag and Eliot Boston, Massachusetts 1989
Perkins Coie Seattle, Washington 1988
US Department of Justice, Summer Honors Program Washington, D.C. 1987
Summer Associate positions in environmental law - Point Reyes Bird Observatory, Point Reyes National Park 1986
- Chincoteague Wildlife Refuge, US Fish and Wildlife Service 1985
Wildlife Biologist
Publications
Forthcoming
- Negligence in the Air: The Duty of Care in Climate Change Litigation, Penn. L. Rev. (forthcoming 2007, with David Hunter)
- The Law and Policy Beginnings of Nature’s Services, Journal of Land Use & Environmental Law (forthcoming 2007, with J.B. Ruhl)
- Ecosystem Services and the Public Trust Doctrine: Working Change From Within, Southeastern Environmental Law Journal (forthcoming 2007)
- In Defense of Regulatory Peer Review, Washington University Law Quarterly (forthcoming 2007) (with J.B. Ruhl)
- Concepts and Insights in Environmental Law (Foundation Press, 2d ed. 2007) (with Barton Thompson, Jr.)
- International Environmental Law and Policy (Foundation Press, 3d ed. 2007) (with D. Zaelke & D. Hunter)
- The Practice and Policy of Environmental Law (Foundation Press, forthcoming 2007) (with J.B. Ruhl & John Nagle).
Books and Monographs
- Natural Resources Law and Policy (2004) (with James Rasband & Mark Squillace)
- Concepts and Insights in Environmental Law (2003) (with Barton Thompson, Jr.)
- International Environmental Law and Policy (1998, and 2d ed. 2002) (with Durwood Zaelke & David Hunter)
- Extended Producer Responsibility Programs and International Trade Law (OECD, 1997)
- Environmental Labelling in OECD Countries (OECD 2d ed. 1991)
Articles and Book Chapters
- The Effects of Wetland Mitigation Banking on People, 28 Natl. Wetlands Newsletter 1 (Mar.-Apr. 2006, with J.B. Ruhl)
- A Field of Green? The Past and Future of Ecosystem Services, 21 Journal of Land Use & Environmental Law 133 (2006)
- In Defense of Regulatory Peer Review, Wash. U. Law Quarterly (forthcoming, co-author with J.B. Ruhl)
- Thirst: A Short History of Drinking Water, 18 Yale J. of Law & the Humanities 94 (2006)
- Decentralized Administrative Law in the Organization for Economic Cooperation and Development, 68 Law and
Contemporary Problems 191 (2005) - Creating Markets for Ecosystem Services: Notes From the Field, 80 NYU Law Review870 (2005)
- Science in the Public Process of Ecosystem Management: Lessons from Hawaii, Southeast Asia, Africa and the
US Mainland, 76 J. of Envt’l Mgmt 197 (2005, co-author with John Gutrich et al.) - “No Net Loss”: Instrument Choice in Wetland Protection, in J. Freeman and C. Kolstad, Eds. Moving to Markets in
Environmental Regulation: Twenty Years of Experience (2005, Oxford University Press ); reprinted in The
Institute of Chartered Financial Analyst of India Journal for Environmental Law (forthcoming 2006) - The Perils of Payments for Ecosystem Services, Intl. J. of Innovation and Sustainable Development(2005)
- Science in the Public Process of Ecosystem Management: Lessons from Hawaii, Southeast Asia, Africa and the US
Mainland, 76 Journal of Environmental Management 197-209 (2005)(with John Gutrich et al.) - Labor Rights, Globalization and Institutions: The Role and Influence of the Organization for Economic Cooperation and
Development, in Virginia Leary and Daniel Warner, eds., Social Issues, Globalization and International
Institutions: Labour Rights and the EU, ILO, OECD and WTO (2005) - The Organization for Economic Cooperation and Development Guidelines and Corporate Codes of Conduct, in Maureen Irish,
ed., The Auto Pact: Investment, Jobs and the WTO (2004) - The Red Queen, Mozart, and Regulatory Accretion in the Administrative State, 91 Georgetown Law Journal 757 (2003, co-
author with J.B. Ruhl) - Environmental Tribalism, 87 Minnesota Law Review 1099 (2003, co-author with Doug Kysar)
- Regulatory Traffic Jams, 2 Wyoming Law Review 1 (2002, co-author with J.B. Ruhl)
- Environmental Law in the Rehnquist Court, in Herman Schwartz, ed., The Rehnquist Court (2002)
- Paying for the protection of watershed services, in Natasha Landell-Mills, ed., New Market-Based Mechanisms for Forest Conservation (2002)
- The OECD and Promotion of Global Labor Rights, written for the Ford Foundation’s Project on International
Organizations and the Social Aspects of Trade Liberalization (2002) - Changes in Pollution and the Implications for Policy, in Paul Stern, ed., New Tools for Environmental
Protection: Education, Information, and Voluntary Measures, National Research Council
(co-author with David Rejeski, 2002) - The Importance o f Population Growth to Sustainability, in John Dernbach, ed., Sustainable Development in the
United States Ten Years After the Earth Summit: An Assessment and Recommendations (co-author with
Anne Ehrlich, 2002); reprinted in 32 Envt’l Law Reporter 10559 (2002) - Seattle’s Legal Legacy and Environmental Reviews of Trade Agreements, 31 Environmental Law 501
(2001) - Executive Order 13,141 and the Environmental Review of Trade Agreements, 95 American Journal of International Law 366 (2001)
- Currencies and the Commodification of Environmental Law, 53 Stanford Law Review 607 (2001) (co-author with JB Ruhl)
Reprinted as one of best environmental law articles in 2000 in Land Use & Environmental Law Review (2002) Reprinted as Environmental Apples for Oranges, 31Envt’l Law Reporter 11438 (2001) - Groundwater Ecosystem Services, 20 Stanford Envt’l Law Journal 479(2001)
(co-author with Janet Herman and David Culver) - Wetland Value Indicators For Scoring Mitigation Trades, 20 Stanford Envt’l Law Journal 413(2001)
(co-author withLisa Wainger and Dennis King) - Protecting Ecosystem Services -- Science, Economics, and Policy, 20 Stanford Envt’l Law Journal 309(2001)
(co-author withBarton Thompson, Jr., and Gretchen Daily) - Protecting Natural Capital Through Ecosystem Service Districts, 20 Stanford Envt’l Law Journal 333(2001)
(co-author withGeoffrey Heal, Paul Ehrlich et al.) - Labor Rights, Globalization and Institutions: The Role and Influence of the Organization for Economic Cooperation
and Development, 21 Michigan Journal of International Law 769 (2001) - Environmental Protection Beyond the Smokestack: Addressing the Impacts of the Service Economy, 7 Corporate
Environmental Strategy 21 (2000) - Earth in the Judicial Balance, The Nation (Oct. 9, 2000)at 32
- Beyond the Smokestack: Environmental Protection in the Service Economy, 47 UCLA Law Review 411 (1999)
Reprinted as one of best environmental law articles in 1999 in Land Use & Environmental Law Review (2001)
Reprinted in30 Environmental Law Reporter 10856 (October, 2000) - Integrating Ecosystem Services into Environmental Law, in Victoria Hollowell, Ed., Managing Human Dominated Ecosystems 77 (2001)
- Product and Raw Material Eco-labels: The Case for a Trilateral Approach, in Partners or Competitors? The Prospects for US-European Cooperation on Asian Trade 193 (1999, Rowman and Littlefield)
- Eco-Labeling and International Trade: Getting Beyond the Conflict, in The Future of the Environment at
the WTO, National Wildlife Federation, 1997 - Review Essay: Valuing Ecosystem Services, 24 Ecology Law Quarterly 887 (1997)
- No Middle Way on the Environment, co-author with Paul Ehrlich et al., The Atlantic Monthly, December 1997
- Sustainable Consumption and the Law, 27 Environmental Law 1243 (1997)
- Informing the Green Consumer: The Debate Over the Use and Abuse of Environmental Labels, Journal of Industrial Ecology (Summer 1997)
- The Tuna/Dolphin Dispute Versus Free Trade in the Americas, in Conference Proceedings of the Second
Annual Free Trade in the Hemisphere Conference, UNAM, 1996 - Cleaner Products and Green Marketing, in The Industry of Uruguay within the Framework of
Sustainable Development, Uruguay Ministry of Environment, 1995 - Greener Product Policy in Practice, in Green Goods, Swedish Ministry of the Environment, Stockholm, 1995
- Setting Environmental Goals, in Environmental Management, Croner Prublications Ltd., London, 1994
- Trade Implications of Environmental Labelling Programs, in Life-Cycle Management and Trade, OECD, Paris, 1993
- Green Labels for Consumers, OECD Observer, April, 1991; also available in French as, Un label pour
consommer vert,L'Observateur de l'OCDE, Avril 1991 - Information Exchange Among National Eco-labelling Programmes, in Global Environmental Labelling: Invitational Expert Seminar, UNEP, Paris, 1991
- Evolution and Application of Critical Habitat Under the Endangered Species Act,14 Harvard Environmental
Law Review 311 (1990)
Reprinted as one of best environmental law articles in 1990 in Land Use & Environmental Law Review (1991) - The Greening of Energy Policy in the 1990s, 63 St. John's Law Review 691 (1990) (co-author with Ellyn Weiss)
Reprinted as one of best energy law articles in 1990 in Public Utilities Law Anthology (1991) - Scientists As Advocates,3 Conservation Biology 170(1989); reprinted in the university textbooks,
Environment, P. Raven, Saunders Publishing, 1993, and, Readings from Conservation Biology: The Social Dimension, ed. D. Ehrenfeld, Blackwell Science, 1995
Book Reviews and Editorials
- What Paying for Ecosystem Services Means, PERC Reports (July 2005)
- A “Must Read” on Ecosystem Services, 19 Conservation Biology 582 (2004)
- What Comes Naturally Should Not Come Free of Charge, Canberra Times (Feb. 27, 2002)
- Understanding and Using the Endangered Species Act, Conservation Biology (2001)
- Environmental Challenges of the New Economy, SustainAbility Monthly Review (June, 2000)
- Facing the Challenges of a Service Economy, 4 Environmental Science & Technology 512 (1999)
- Making Sense of the Law: Readers on Environmental Law, 48 Bioscience 1042 (1998)
- Ecosystem Services and the Law, 12 Conservation Biology 1 (1998)
Professional Positions
- Journal of Industrial Ecology, Editorial Board
- International Journal of Innovation and Sustainable Development, Editorial Board
- Katoomba Group, Board of Advisors
- Ecosystem Marketplace www.ecosystemmarketplace.com, Board of Advisors
- SustainAbility, Board of Advisors
Presentations
(partial list)
- Ecosystem Services – Law and Policy Beginnings, Tallahassee, FL
Introductory presentation at Symposium on the Law & Policy of Ecosystem Services - Ecosystem Service Market Innovations in Australia, Stanford, California
Environmental workshop series at Stanford - Creating Markets for Ecosystem Services, Williamsburg, VA, 2006
Faculty workshop at William & Mary - Making the Environment Pay, Raleigh, NC, 2006
Keynote presentation at summit for North Carolina’s conservation funding organizations - Farm Conservation in the States and Down Under, Canberra, Australia 2006
Presentation at national conference for Australian farm policy - Thirst: A Short History of Drinking Water, Tucson, AZ, 2006
Faculty workshop at University of Aizona - Thirst: A Short History of Drinking Water, Salt Lake City, UT, 2006
Faculty workshop at University of Utah - Thirst: A Short History of Drinking Water, Provo, UT, 2005
Faculty workshop at Brigham Young University - Thirst: A Short History of Drinking Water, New Haven, CT, 2005
Lead paper for panel on Nature at Yale Law School conference celebrating the scholarship of Carol Rose - Next Steps for Ecosystem Service Markets, Tallahassee, FL, 2005
Fall 2005 Distinguished Speaker for Florida State’s Journal of Land Use and Environmental Law - Creating Markets for Ecosystem Services, Chapel Hill, NC, 2005
Public lecture as part of University of North Carolina’s environmental series - The Big Questions: 125 Years of Science, Washington, D.C., 2005
Speaker on Sustainable Development panel at symposium celebrating 125th anniversary of the journal, Science - Creating Markets for Ecosystem Services, Santa Fe, NM, 2005
Lunch speaker at Rocky Mountain Mineral Law Foundation’s biennial Institute for natural resource law professors - A New Currency for Conservation: Markets and Payments for Ecosystem Services from Our Nation's Forests and Farms, Washington, D.C., 2005
Presentation on the nuts and bolts of creating ecosystem service markets - Conservation Incentives that Work for People on the Land, Stanford, CA, 2005
Presentation on the promise and peril of ecosystem service payments at workshop co-sponsored by Stanford, The Nature Conservancy and World Wildlife Fund - U.S. Forest Service, Minneapolis, MN, 2005
Participated in focus group on how the Forest Service can or should incorporate and ecosystem services perspective into its operations - Odyssey Chicago Public Radio, 2004
One of two guests on a national radio call-in show discussing the intersection of human rights and environmental law - International Union for the Conservation of Nature, Bangkok, Thailand, 2004
Moderator for plenary session of World Conservation Congress - New York University Law School, New York, NY, 2004
Presentation on the OECD and global administrative law - University of Pennsylvania School of Law, Philadelphia, PA, 2004
Presentation on finance mechanisms for ecosystem conservation - Yale Law School, New Haven, CT, 2004
Presenting draft paper on creating markets for ecosystem services at faculty workshop - Resources for the Future, Washington, DC, 2004
Presentation on wetlands mitigation banking and instrument choice - Bren School of the Environment, UC Santa Barbara, 2004
Presentation on field research on creating markets for ecosystem services - Duke Center for Environmental Solutions, Durham, NC, 2003
Presentation on field research on creating markets for ecosystem services - Environmental Defense, Washington, DC, 2003
Presentation on the Conservation Reserve Program and reverse auctions - Harvard Law School, Cambridge, MA, 2003
Presented field research on creating markets for ecosystem services - American Bar Association, Washington, DC, 2003
Presentation on frameworks for assessing environmental trading programs - Stanford Center for Conservation Biology, Stanford, CA, 2003
Presentation at interdisciplinary workshop on reverse auctions and conservation finance - Georgetown Law Center, Washington, D.C., 2003
Presentation on conservation finance mechanisms - Bren School for Environmental Policy, Santa Barbara, CA, 2003
Presentation on wetlands mitigation banking at an interdisciplinary workshop on market instruments - Ho Chi Minh City Law School, Ho Chi Minh City, Vietnam, 2003
Presentation to 180 Vietnamese law students on American environmental law - Sydney Catchment Authority, Sydney, Australia, 2003
Presentation to Executive Committee of agency responsible for watershed management in greater Sydney on how to manage from an ecosystem services perspective - Sustainable Development Business Leaders Forum, Sydney, Australia, 2003
Speech to high-level business conference on commercial implications of ecosystem service markets - Commonwealth Scientific & Industrial Research Organisation (CSIRO), Canberra, Australia, 2003
Presentation to government scientists and policy makers on creating markets for ecosystem services - Katoomba Group, Tokyo, Japan, 2002
Presentation to interdisciplinary group of experts on markets for forest services - Horizons Regional Council, North Palmerston, New Zealand, 2002
Presentation to regional council’s policy staff on protecting and restoring ecosystem services through land planning - Massey University, North Palmerston, New Zealand, 2002
Faculty presentation on Protecting Ecosystem Services: Law, Economics and Policy - Monash Law School, Melbourne, Australia, 2002
Faculty presentation on Protecting Ecosystem Services: Law, Economics and Policy - Macquarie University, Biology Department, Sydney, Australia, 2002
Faculty presentation on The Science and Policy of Protecting Ecosystem Services - Wyoming Law School Laramie, WY, 2002
Presented paper on “Regulatory traffic jams” as Law Review’s distinguished speaker - Stanford Law School Stanford, CA, 2002
Presentation of paper on regulatory accretion and noncompliance - Georgetown Law Center Washington, DC, 2001
Presentation of paper on regulatory accretion at workshop - Third Australian Stream Management Conference Brisbane, Australia, 2001
Opened conference with keynote speech on ecosystem services - Foundation for Research in Environment and Economics Bozeman, MT, 2001
Delivered presentation and led session on trade and the environment - Rocky Mountain Mineral Law Foundation Institute for Natural Resource Law Professors
Estes Park, CO, 2001
Overview presentation introducing session dedicated to research on ecosystem services and the law - University of Michigan Law School Ann Arbor, MI, 2001
Presentation of paper on Environmental Reviews of Trade Agreements - Stanford University Stanford, CA, 2000
Co-chaired and presented paper at workshop reviewing results of my EPA STAR Grant research - Georgetown Law Center Washington, D.C., 2000
Presentation of paper on Environmental Reviews of Trade Agreements at Environmental Research Seminar - National Research Council Washington, D.C., 2000
Lead-off presentation at Workshop on Information and Voluntary Measures in Environmental Protection - United Nations Environment Program Montreal, Canada, 2000
Presentation on multilateral environmental agreements and promotion of cleaner production - Stanford Law School/Institute for International Studies Stanford, CA, 2000
Presentation of paper on environmental trading markets to joint faculty workshop - Harvard Law School Cambridge, MA, 2000
Presentation on consumption and the transformation of environmental law to faculty - Indiana University, School of Law Bloomington, IN, 2000
Presentation of paper on environmental trading markets to faculty - University of Houston, School of Law Houston, TX, 2000
Presentation at conference on environmental mitigation measures - Greening the Boardroom London, United Kingdom, 1999
Presentation on internal management and auditing strategies for environmentally progressive companies - American Society of International Law Washington, D.C., 1999
Presentation at annual meeting on the OECD's role protecting labor rights in the context of globalization - Ford Foundation Workshop Geneva, Switzerland, 1999
Presented paper and led discussion at meeting on International Organizations and the Social Aspects of the Liberalization of Trade - OECD Conference on Extended Producer Responsibility Helsinki, Finland, 1998
U.S. government delegate to international workshop developing international guidelines for Extended Producer Responsibility initiatives. Special focus on trade and competition impacts - Managing Human-Dominated Ecosystems St. Louis, Missouri, 1998
Only lawyer invited to give presentation at international meeting for economists and ecologists hosted by the Missouri Botanical Garden - Center for Sustainable Development Berkeley, California, 1998
Presentation contrasting European and American policy and legal approaches to solid waste reduction, re-use, and recycling. Given at University of California, Berkeley - UCLA Law School Los Angeles, California, 1998
California Institute of Technology Pasadena , California, 1998
Faculty and seminar presentations on strategies to address impacts of production and consumption. - The Environment Foundation Windsor, United Kingdom, 1997
Keynote speech on population and consumption at Windsor Castle environmental summit. - Central American Commission for Environment and Development Washington, D.C., 1997
Lecture on international environmental policy at EPA-sponsored meeting for Central American environment ministers. - Northwestern School of Law, Lewis & Clark College Portland, Oregon, 1997
Presented paper on role of the law in addressing population and consumption - University of California, Berkeley (Boalt Hall) Berkeley, California, 1997
Invited by Ecology Law Quarterly to lead seminar on developments in international law - Japanese Association for Mathematical Sciences Hakodate, Japan, 1996
Lectured on legal and policy aspects of trade and environment conflicts - Lund University Lund, Sweden, 1996
Series of lectures on pollution prevention and the law - Oxford Institute of Legal Practice Oxford, 1996
Invited to lecture at Oxford University on the legal aspects of trade and environment - Centre for Sustainable Design London, 1995
Keynote speaker on environmentally responsible product design - United Nations Environment Program Warsaw, 1994
Served as reporter at Ministerial Conference session on cleaner product policy - Swedish Ministry of the Environment Stockholm, 1994
Led working session at international conference on product-oriented environmental policy - United Nations Environment Program Montevideo, Uruguay, 1994
Gave keynote presentation on cleaner product policies at national conference hosted by Uruguay Ministry of Environment for CEOs and government officials - Organization for Economic Cooperation and Development Paris, 1993
Presented central discussion paper on trade implications of eco-labeling at a joint OECD / GATT / UNCTAD meeting in Paris - United Nations Environment Programme Paris, 1992
Served as rapporteur for Ministerial level conference session on cleaner products. - U.S. Environmental Protection Agency Baltimore, 1991
Presentation on environmental labeling at national conference on pollution prevention - Association francaise de normalisation Paris, 1991
Chaired session and debate on labeling programmes around the world and possibilities for harmonization. (held in French) - International Conference on Environmental Labelling Berlin, 1990
Negotiated on behalf of the OECD at first international conference on environmental labeling. The final document, "The Berlin Declaration on Environmental Labelling," was signed by 24 nations and acknowledged the OECD's role in directing international harmonization activities. - United Nations Environment Program Lesvos, Greece 1990
Presented paper on information exchange among labeling programs at UN Global Environmental Labeling Seminar. Negotiated on behalf of the OECD the "Lesvos Communique on Environmental Labelling" which has since become accepted as a standard definition of labeling programs.