Michael C. Blumm

Lewis & Clark Law School

Professor of Law

10015 S.W. Terwilliger Blvd.

Portland, OR 97219

United States

SCHOLARLY PAPERS

96

DOWNLOADS
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13,874

CITATIONS
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SSRN RANKINGS

Top 22,965

in Total Papers Citations

12

Scholarly Papers (96)

1.

The Public Trust Doctrine in Environmental and Natural Resources Law: Chapter 1 (Introduction)

The Public Trust Doctrine in Environmental and Natural Resources Law, Carolina Academic Press, pp. 1-56, 2013, Lewis & Clark Law School Legal Studies Research Paper No. 13/2013
Number of pages: 94 Posted: 08 Jun 2013 Last Revised: 13 Apr 2017
Michael C. Blumm and Mary C. Wood
Lewis & Clark Law School and University of Oregon - School of Law
Downloads 443 (27,099)

Abstract:

environmental law, natural resources law, public property, sovereignty, international environmental law

2.

The Public Trust Doctrine: A Twenty-First Century Concept

Hastings West-Northwest Journal of Environmental Law & Policy, Vol. 14, 2009, Lewis & Clark Law School Legal Studies Research Paper No. 2009-21
Number of pages: 5 Posted: 08 Sep 2009 Last Revised: 05 Oct 2009
Michael C. Blumm
Lewis & Clark Law School
Downloads 405 (49,317)

Abstract:

public trust doctrine, environmental law, public property

3.

Retracing the Discovery Doctrine: Aboriginal Title, Tribal Sovereignty, and Their Significance to Treaty-Making and Modern Natural Resources Policy in Indian Country

Vermont Law Review, Vol. 28, p. 713, 2004
Number of pages: 65 Posted: 21 Sep 2004
Michael C. Blumm
Lewis & Clark Law School
Downloads 394 (51,532)

Abstract:

Indian law, Legal History, Property, Natural Resources Law, Environmental Law

4.

The Fallacies of Free Market Environmentalism

Harvard Journal of Law and Public Policy, Vol. 15, p. 371, 1992
Number of pages: 19 Posted: 24 Jan 2006
Michael C. Blumm
Lewis & Clark Law School
Downloads 370 (54,253)
Citation 1

Abstract:

environmental policy, economics, markets

5.

Internationalizing the Public Trust Doctrine: Natural Law and Constitutional and Statutory Approaches to Fulifilling the Saxion Vision

University of California Davis Law Review, Vol. 44, 2012, Lewis & Clark Law School Legal Studies Research Paper No. 2011-12
Number of pages: 71 Posted: 23 Apr 2011 Last Revised: 17 Feb 2012
Michael C. Blumm and Rachel D. Guthrie
Lewis & Clark Law School and The Justis Law Firm LLC
Downloads 335 (60,011)

Abstract:

public trust doctrine, environmental law, natural resources law, public property law

6.

The Public Trust Doctrine in Forty-Five States

Lewis & Clark Law School Legal Studies Research Paper
Number of pages: 934 Posted: 29 Mar 2013 Last Revised: 13 Feb 2015
Lewis & Clark Law School, Independent, Independent, Independent, The Justis Law Firm LLC, Independent, Independent, Independent, Independent, Independent, Independent, Independent, Independent, Independent, Independent, Independent, Independent, Independent, Independent, Independent, Independent, Independent and Independent
Downloads 305 (55,705)

Abstract:

public trust doctrine, natural resources law, environmental law, citizen enforcement, sovereign ownership

7.

Dam Removal in the Pacific Northwest: Lessons for the Nation

Environmental Law, Vol. 42, 2012, Lewis & Clark Law School Legal Studies Research Paper #2012-23
Number of pages: 58 Posted: 06 Jul 2012 Last Revised: 03 Jan 2013
Michael C. Blumm and Andrew B. Erickson
Lewis & Clark Law School and Independent
Downloads 296 (51,681)

Abstract:

environmental law, natural resources law, hydropower, energy law, fish and wildlife, endangered species, clean water, dam removal, environmental remediation

8.

The Pioneer Spirit and the Public Trust: The American Rule of Capture and State Ownership of Wildlife

Environmental Law, Vol. 35, No. 4, 2005
Number of pages: 47 Posted: 14 Nov 2005
Michael C. Blumm and Lucus Ritchie
Lewis & Clark Law School and Independent
Downloads 269 (76,796)

Abstract:

property law, natural resources law, wildlife law, consititutional law, legal history

9.

Oregon’s Public Trust Doctrine: Public Rights in Waters, Wildlife, and Beaches

Environmental Law, Vol. 42, No. 1, 2012, Lewis & Clark Law School Legal Studies Research Paper No. 2012-1
Number of pages: 40 Posted: 10 Sep 2011 Last Revised: 06 May 2014
Michael C. Blumm and Erika A. Doot
Lewis & Clark Law School and Independent
Downloads 255 (83,317)

Abstract:

environmental law, natural resources law, wildlife law, water law, public trust doctrine

10.

Why Aboriginal Title is a Fee Simple Absolute

Lewis & Clark Law Review, 2011, Lewis & Clark Law School Legal Studies Research Paper No. 2011-24
Number of pages: 19 Posted: 18 Aug 2011 Last Revised: 02 Mar 2012
Michael C. Blumm
Lewis & Clark Law School
Downloads 251 (84,991)

Abstract:

Indian law, Property law, discovery doctrine, Marshall Court, legal history

11.

Public Choice Theory and the Public Lands: Why Multiple Use Failed

Harvard Environmental Law Review, Vol. 18, 1994
Number of pages: 29 Posted: 12 Dec 2005 Last Revised: 18 Mar 2017
Michael C. Blumm
Lewis & Clark Law School
Downloads 241 (89,848)

Abstract:

environmental law, public land land, natural resources law, multiple use

12.

The Public Trust in Wildlife

Utah Law Review, 2013 , Lewis & Clark Law School Legal Studies Research Paper No.
Number of pages: 68 Posted: 09 Aug 2013 Last Revised: 02 May 2014
Michael C. Blumm and Aurora Paulsen
Lewis & Clark Law School and Independent
Downloads 240 (79,307)

Abstract:

environmental law, natural resources law, wildlife law, animal law, coastal law

13.

The Public Trust Doctrine and Private Property: The Accommodation Principle

Pace Environmental Law (PELR) Review, Vol. 27, p. 649, 2010, Lewis & Clark Law School Legal Studies Research Paper No. 2010-8
Number of pages: 19 Posted: 29 Jan 2010 Last Revised: 13 Oct 2010
Michael C. Blumm
Lewis & Clark Law School
Downloads 203 (108,534)

Abstract:

public trust doctrine, private property, environmental law, natural resources law

14.

The Mirage of Indian Reserved Water Rights and Western Streamflow Restoration in the Mccarran Amendment Era: A Promise Unfulfilled

Environmental Law, Vol. 36, p. 1157, 2006, Lewis & Clark Law School Legal Studies Research Paper No. 2007-1
Number of pages: 48 Posted: 09 Aug 2006 Last Revised: 04 May 2014
Michael C. Blumm, David H. Becker and Joshua D. Smith
Lewis & Clark Law School, Independent and Independent
Downloads 197 (112,987)

Abstract:

Indian law, natural resources law, water law, environmental law

15.

Lucas's Unlikely Legacy: The Rise of Background Principles as Categorical Takings Defenses

Harvard Environmental Law Review, Vol. 29, p. 329, 2005
Number of pages: 48 Posted: 28 Jun 2005
Michael C. Blumm and Lucus Ritchie
Lewis & Clark Law School and Independent
Downloads 188 (118,873)
Citation 1

Abstract:

Takings, Constitutional Law, Land Use Regulation, Environmental Law

16.

Indian Treaty Fishing Rights and Habitat Protection: The Martinez Decision Supplies a Resounding Judicial Reaffirmation

Natural Resources Journal, Vol. 49, 2009, Lewis & Clark Law School Legal Studies Research Paper No. 2009-8
Number of pages: 69 Posted: 11 Mar 2009 Last Revised: 05 May 2009
Michael C. Blumm and Jane Steadman
Lewis & Clark Law School and Independent
Downloads 182 (123,985)

Abstract:

Indian law, environmental law, Indian treaties, Indian fishing, land use, salmon, habitat protection

17.

Public Property and the Democratization of Western Water Law: A Modern View of the Public Trust Doctrine

Environmental Law, Vol. 19, p. 573, 1989
Number of pages: 32 Posted: 13 Nov 2005
Michael C. Blumm
Lewis & Clark Law School
Downloads 171 (112,987)
Citation 1

Abstract:

Property law, Environmental Law, Water Law

18.
Downloads 164 (105,714)

Abstract:

environmental law, natural resources law, water law

19.

The Florida Beach Case and the Road to Judicial Takings

William & Mary Enviromental Law & Policy Review, Vol. 35, Forthcoming, Lewis & Clark Law School Legal Studies Research Paper No. 2010-26
Number of pages: 59 Posted: 02 Sep 2010 Last Revised: 13 Apr 2011
Michael C. Blumm and Elizabeth B. Dawson
Lewis & Clark Law School and Independent
Downloads 162 (141,829)

Abstract:

judical takings, environmental law, property, natural resources law, constitutional law, administrative law

20.

Justice Kennedy and the Environment: Property, States' Rights, and a Persistent Search for Nexus

Washington Law Review, Vol. 82, p. 665, 2007, Lewis & Clark Law School Legal Studies Research Paper No. 2007-4
Number of pages: 68 Posted: 02 Nov 2006 Last Revised: 04 May 2015
Michael C. Blumm and Sherry Bosse
Lewis & Clark Law School and Independent
Downloads 159 (141,829)
Citation 1

Abstract:

environmental law, land use, property, federalism, takings

21.

The Columbia River Gorge and the Development of American Natural Resources Law: A Century of Significance

New York University Environmental Law Review, Vol. 20, Lewis & Clark Law School Legal Studies Research Paper No. 2011-20
Number of pages: 34 Posted: 09 Jul 2011 Last Revised: 18 Mar 2013
Michael C. Blumm
Lewis & Clark Law School
Downloads 158 (139,655)

Abstract:

Natural Resources Law, Environmental Law, Land Use Law, Takings Law, Indian Law, Renewable Energy Law, Endangered Species Law, Dam Removal Law, Marine Mammals Law, Legal History

22.

Background Principles, Takings, and Libertarian Property: A Reply to Professor Huffman

Ecology Law Quarterly, Vol. 37, 2010, FSU College of Law, Public Law Research Paper No. 428, Lewis & Clark Law School Legal Studies Research Paper No. 2010-12
Number of pages: 38 Posted: 10 Mar 2010 Last Revised: 01 Oct 2010
Michael C. Blumm and J. B. Ruhl
Lewis & Clark Law School and Vanderbilt University - Law School
Downloads 157 (145,611)

Abstract:

property, nuisance, takings, environmental law, natural resources law

23.

The Bush Administration's Sweetheart Settlement Policy: A Trojan Horse Strategy for Advancing Commodity Production on Public Lands

Environmental Law Reporter, Vol. 34, p. 10397, May 2004
Number of pages: 24 Posted: 05 May 2004
Michael C. Blumm
Lewis & Clark Law School
Downloads 156 (149,583)

Abstract:

public lands law, environmental law

24.

Native Fishing Rights and Environmental Protection in North America and New Zealand: A Comparative Analysis of Profits A Prendre and Habitat Servitudes

Wisconsin International Law Journal, Vol. 8, No. 1, 1989
Number of pages: 50 Posted: 16 Nov 2005
Michael C. Blumm
Lewis & Clark Law School
Downloads 152 (138,937)

Abstract:

Indigenous peoples law, property law, legal history, environmental law, Canadian law

25.

Practiced at the Art of Deception: The Failure of Columbia Basin Salmon Recovery Under the Endangered Species Act

Environmental Law, Vol. 36, 2006
Number of pages: 102 Posted: 05 Mar 2006
Michael C. Blumm, Erica J. Thorson and Joshua D. Smith
Lewis & Clark Law School, Lewis & Clark Law School and Independent
Downloads 149 (138,937)

Abstract:

natural resources, endangered species, salmon, hydropower

26.

The Struggle Over the Columbia River Gorge: Establishing and Governing the Country’s Largest National Scenic Area

4 Washington Journal of Environmental Law and Policy no. 2 (2014, Forthcoming), Lewis & Clark Law School Legal Studies Research Paper No. 2014-7
Number of pages: 27 Posted: 10 Feb 2014 Last Revised: 02 Apr 2015
Michael C. Blumm and Nathan J Baker
Lewis & Clark Law School and Friends of the Columbia Gorge
Downloads 145 (147,995)

Abstract:

land use regulation, natural resources law, legislation, federalism, interstate compact, federal lands

27.

The Federal Public Trust Doctrine: A Law Professors' Amicus Brief

Lewis & Clark Law School Legal Studies Research Paper No. 2014-18
Number of pages: 41 Posted: 12 Nov 2014 Last Revised: 23 Jan 2015
Michael C. Blumm and Lynn S Schaffer
Lewis & Clark Law School and Independent
Downloads 142 (107,612)

Abstract:

public trust doctrine, natural resources law, environmental law, constitutional law

28.

The Role of the Judge in Endangered Species Act Implementation: District Judge James Redden and the Columbia Basin Salmon Saga

Stanford Environmental Law Journal, Vol. 32, No. 87, 2013, Lewis & Clark Law School Legal Studies Research Paper No. 2012-12
Number of pages: 65 Posted: 08 May 2012 Last Revised: 08 Jan 2014
Michael C. Blumm and Aurora Paulsen
Lewis & Clark Law School and Independent
Downloads 142 (147,995)

Abstract:

environmental law, natural resources law, managerial judging, Endangered Species Act

29.

Norton v. SUWA and the Unraveling of Federal Public Land Planning

Duke Environmental Law & Policy Forum, Vol. 18, Fall 2007, Lewis & Clark Law School Legal Studies Research Paper No. 2007-15
Number of pages: 57 Posted: 05 Jun 2007 Last Revised: 27 Sep 2010
Michael C. Blumm and Sherry Bosse
Lewis & Clark Law School and Independent
Downloads 142 (157,097)

Abstract:

public lands, environmental law, land use, property, administrative law

30.

'Not Much Less Necessary Than the Atmosphere They Breathed:' Salmon, Indian Treaties, and the Supreme Court - A Centennial Remembrance of United States v. Winans and Its Enduring Significance

Natural Resources Journal, Vol. 46, No. 2, 2006
Number of pages: 56 Posted: 06 Oct 2005
Michael C. Blumm and James Brunberg
Lewis & Clark Law School and Independent
Downloads 141 (154,496)

Abstract:

Indigenous peoples law, natural resources law, property law, legal history

31.

From Martz to the Twenty-First Century: A Half-Century of Natural Resources Law Casebooks and Pedagogy

University of Colorado Law Review, Vol. 78, p. 647, 2006
Number of pages: 48 Posted: 13 Dec 2005
Michael C. Blumm and David H. Becker
Lewis & Clark Law School and Independent
Downloads 138 (162,598)

Abstract:

natural resources law, public lands law, property law, water law

32.

Mono Lake and the Evolving Public Trust in Western Water

Arizona Law Review, Vol. 37, p. 701, 1995
Number of pages: 39 Posted: 13 Nov 2005
Michael C. Blumm and Thea Schwartz
Lewis & Clark Law School and Independent
Downloads 136 (158,920)
Citation 2

Abstract:

environmental law, water law, property law

33.

Enacting Libertarian Property: Oregon's Measure 37 and Its Implications

Denver University Law Review, Vol. 85, 2007, Lewis & Clark Law School Legal Studies Research Paper No. 2007-17
Number of pages: 91 Posted: 09 Aug 2007 Last Revised: 24 Dec 2007
Michael C. Blumm and Erik Grafe
Lewis & Clark Law School and Independent
Downloads 135 (166,376)

Abstract:

property, land use, takings, just compensation, environmental law, real estate law

34.

Renouncing the Public Trust Doctrine: An Assessment of the Validity of Idaho House Bill 794

Ecology Law Quarterly 461, Vol. 24, No. 3, 1997
Number of pages: 45 Posted: 29 Nov 2005
Michael C. Blumm, Harrison Dunning and Scott W. Reed
Lewis & Clark Law School, University of California, Davis and Stanford Law School
Downloads 129 (163,577)
Citation 1

Abstract:

environmental law, natural resources law, public trust doctrine, water law

35.

Federal Reserved Water Rights as a Rule of Law

Idaho Law Review, 2015, Lewis & Clark Law School Legal Studies Research Paper No. 2015-13
Number of pages: 18 Posted: 26 Jul 2015 Last Revised: 09 Mar 2016
Michael C. Blumm
Lewis & Clark Law School
Downloads 127 (119,408)

Abstract:

water law, natural resources law, property law, federalism, statutory interpretation

36.

Endangered Species Act Listings and Climate Change: Avoiding the Elephant in the Room

Animal Law Review, Vol. 20, No. 1, 2014 Forthcoming, Lewis & Clark Law School Legal Studies Research Paper No. 2014-2
Number of pages: 44 Posted: 09 Dec 2013 Last Revised: 08 Feb 2014
Michael C. Blumm and Kya Marienfeld
Lewis & Clark Law School and Independent
Downloads 126 (158,920)

Abstract:

Endangered Species Act, climate change, greenhouse gas emissions, environmental law, natural resources law

37.

Preface and Introduction - Native American Natural Resources Law: Cases and Materials, Third Edition

J. Royster, M. Blumm & E. Kronk, Native American Natural Resources Law: Cases and Materials, Third Edition, Carolina Academic Press, 2013, University of Tulsa Legal Studies Research Paper No. 2013 - 02, Lewis & Clark Law School Legal Studies Research Paper No. 06/2013
Number of pages: 35 Posted: 19 Jan 2013 Last Revised: 17 Dec 2013
University of Tulsa College of Law, Lewis & Clark Law School and University of Kansas - School of Law
Downloads 125 (147,157)

Abstract:

Indian law, natural resources law, environmental law, water law, land use law, legal history, international law, intergovernmental relations

38.

Gonzalez v. Raich, the Comprehensive Scheme Principle, and the Constitutionality of the Endangered Species Act

Environmental Law, Vol. 35, p. 491, 2005
Number of pages: 8 Posted: 02 Oct 2005
Michael C. Blumm and George A. Kimbrell
Lewis & Clark Law School and affiliation not provided to SSRN
Downloads 120 (181,793)

Abstract:

Endangered species, environmental law, constitutional law, commerce clause

39.

The Oregon and California Railroad Grant Lands’ Sordid Past, Contentious Present, and Uncertain Future: A Century of Conflict

Boston College Environmental Affairs Law Review, Vol. 40, No. 1, 2013, Lewis & Clark Law School Legal Studies Research Paper No. 2012-17
Number of pages: 76 Posted: 17 Apr 2012 Last Revised: 10 Feb 2013
Michael C. Blumm and Tim Wigington
Lewis & Clark Law School and The Freshwater Trust
Downloads 108 (189,911)

Abstract:

public lands law, environmental law, endangered species, legal history, land use, environmental assessment

40.

The Indian Treaty Piscary Profit and Habitat Protection in the Pacific Northwest: A Property Rights Approach

University of Colorado Law Review, Vol. 69, 1998
Number of pages: 96 Posted: 27 Dec 2005
Michael C. Blumm and Brett M. Swift
Lewis & Clark Law School and University of Colorado Law School
Downloads 101 (157,097)

Abstract:

Indigenous Peoples, Treaty Rights, Environmental Protection, Natural Resources Law, Water Law

41.

Reversing the Winters Doctrine?: Denying Reserved Water Rights for Idaho Wilderness and its Implications

University of Colorado Law Review, Vol. 73, pp.173-226, 2002
Number of pages: 54 Posted: 27 Dec 2005
Michael C. Blumm
Lewis & Clark Law School
Downloads 101 (196,074)
Citation 1

Abstract:

water law, public land law, natural resources law, federalism, environmental law

42.

Pluralism and the Environment: The Role of Comment Agencies in NEPA Litigation

Harvard Environmental Law Review, Vol. 14, pp. 277-310, 1990
Number of pages: 34 Posted: 13 Dec 2005
Michael C. Blumm and Stephen R. Brown
Lewis & Clark Law School and Garlington, Lohn & Robinson PLLP
Downloads 101 (189,911)
Citation 1

Abstract:

environmental law, administrative law

43.

Roads Not Taken: EPA vs. Clean Water

Environmental Law, Vol. 33, p. 79, 2003
Number of pages: 34 Posted: 02 Nov 2005
Michael C. Blumm and William Warnock
Lewis & Clark Law School and Delaney Wiles
Downloads 101 (193,608)

Abstract:

Environmental law, clean water

44.

Liberty, the New Property, and Environmental Law

University of San Francisco Law Review, Vol. 24, No. 2, Winter 1990
Number of pages: 15 Posted: 06 Dec 2005
Michael C. Blumm
Lewis & Clark Law School
Downloads 100 (208,070)

Abstract:

property, environmental law, legal history

45.

The Real Story Behind the Columbia Basin Salmon Debacle: Dam Preservation under the Endangered Species Act

Environmental Law, Vol. 41, Forthcoming, Lewis & Clark Law School Legal Studies Research Paper No. 2011-16
Number of pages: 8 Posted: 14 Jul 2011 Last Revised: 24 Oct 2011
Michael C. Blumm
Lewis & Clark Law School
Downloads 93 (198,636)

Abstract:

natural resources law, environmental law, hydropower, endangered species, renewable resources

46.

Flies, Wolves, Spiders, Toads, and the Constitutionality of the Endangered Species Act's Take Provision

Environmental Law, Vol. 34, p. 309, 2004
Number of pages: 54 Posted: 19 May 2004
Michael C. Blumm and George A. Kimbrell
Lewis & Clark Law School and affiliation not provided to SSRN
Downloads 93 (213,826)

Abstract:

Endangered Species Act, Constitutional law, Commerce Clause

47.

The National Environmental Policy Act At Twenty: A Preface

Environmental Law, Vol. 20, pp. 447-483, 1990
Number of pages: 37 Posted: 29 Mar 2006
Michael C. Blumm
Lewis & Clark Law School
Downloads 89 (209,470)

Abstract:

environmental law, administrative law,

48.

Pluralism and the Environment Revisited: The Role of Comment Agencies in NEPA Litigation

Vermont Law Review, Vol. 37, 2013, Lewis & Clark Law School Legal Studies Research Paper No. 2012-20
Number of pages: 52 Posted: 27 May 2012 Last Revised: 22 Jun 2012
Michael C. Blumm and Marla S. Nelson
Lewis & Clark Law School and Independent
Downloads 85 (221,242)
Citation 1

Abstract:

environmental law, administrative law, interagency relations, NEPA

49.

The Overlooked Role of the National Environmental Policy Act in Protecting the Western Environment: NEPA and the Ninth Circuit

2 Washington Journal of Environmental Law and Policy, 2012 Forthcoming, Lewis & Clark Law School Legal Studies Research Paper No. 2012-14
Number of pages: 43 Posted: 01 Jun 2012 Last Revised: 07 Dec 2012
Michael C. Blumm and Keith Mosman
Lewis & Clark Law School and Independent
Downloads 84 (206,640)

Abstract:

environmental law, administrative law, natural resources law, judicial review, NEPA

50.

The Amphibious Salmon: The Evolution of Ecosystem Management in the Columbia River Basin

Ecology Law Quarterly, Vol. 24, No. 653, pp. 653-676, 1987
Number of pages: 24 Posted: 14 Dec 2005
Michael C. Blumm
Lewis & Clark Law School
Downloads 84 (219,772)

Abstract:

environmental law, natural resources law, public land management, hydropower, endangered species

51.

Federal Wild Lands Policy in the Twenty-First Century: What a Long, Strange Trip It's Been

25 Colorado Natural Resources, Energy and Environmental Law Review 1 (2014), Forthcoming, Lewis & Clark Law School Legal Studies Research Paper No. 2013-16
Number of pages: 59 Posted: 06 Jun 2013 Last Revised: 14 Feb 2014
Michael C. Blumm and Andrew B. Erickson
Lewis & Clark Law School and Independent
Downloads 78 (224,346)

Abstract:

public lands, environment, wilderness, wild lands, national forests, Bureau of Land Management lands

52.

Protecting the Columbia River Gorge: A Twenty-Year Experiment in Land-Use Federalism

Journal of Land Use & Environmental Law, Forthcoming
Number of pages: 43 Posted: 12 Dec 2005
Michael C. Blumm and Joshua D. Smith
Lewis & Clark Law School and Independent
Downloads 77 (242,739)

Abstract:

property, land use, environmental law, takings, constitutional law, intergovernmental relations

53.

Natural Resources Law: Private Rights and the Public Interest (Preface and Chapter 1)

Natural Resources Law: Private Rights and the Public Interest, West Publishing Co., 2015
Number of pages: 75 Posted: 19 Feb 2015
Eric T. Freyfogle, Michael C. Blumm and Blake Hudson
University of Illinois College of Law, Lewis & Clark Law School and Louisiana State University, Baton Rouge - Paul M. Hebert Law Center
Downloads 76 (103,413)

Abstract:

natural resources law, water law, wildlife law, mining law, oil and gas law, renewable resources law, public trust doctrine, wetlands rotection, forestry law, recreation, legal history

54.

Shared Sovereignty: The Role of Expert Agencies in Environmental Law

Ecology Law Quarterly, Vol. 42, No. 3, 2015, Lewis & Clark Law School Legal Studies Research Paper No. 2015-8
Number of pages: 42 Posted: 16 Feb 2015 Last Revised: 07 Nov 2015
Michael C. Blumm and Andrea Lang
Lewis & Clark Law School and Independent
Downloads 74 (212,383)

Abstract:

environmental law, natural resources law, administrative law, National Environmental Policy Act, National Historic Preservation Act, Endangered Species Act, Clean Water Act, Federal Power Act

55.

Imposing Judicial Restraints on the 'Art of Deception': The Courts Cast a Skeptical Eye on Columbia Basin Salmon Restoration Efforts

Environmental Law, Vol. 38, p. 47, 2008, Lewis & Clark Law School Legal Studies Research Paper No. 2007-19
Number of pages: 39 Posted: 22 Oct 2007 Last Revised: 01 Sep 2013
Michael C. Blumm and Hallison Putnam
Lewis & Clark Law School and Independent
Downloads 71 (246,318)

Abstract:

salmon, endangered species, administrative law, judicial review

56.

The Federal Public Trust Doctrine: Misinterpreting Justice Kennedy and Illinois Central Railroad

45 Environmental Law 399 (2015), Lewis & Clark Law School Legal Studies Research Paper No. 2015-3
Number of pages: 32 Posted: 25 Jan 2015 Last Revised: 02 Jun 2015
Michael C. Blumm and Lynn S Schaffer
Lewis & Clark Law School and Independent
Downloads 69 (209,470)

Abstract:

environmental law, natural resources law, public property, public trust doctrine, federal courts

57.

Anti-Monopoly and the Radical Lockean Origins of Western Water Law

Hastings West-Northwest Journal of Environmental Law & Policy, Vol. 20, No. 2, 2014, Lewis & Clark Law School Legal Studies Research Paper No. 2013-18
Number of pages: 21 Posted: 30 Jul 2013 Last Revised: 29 Jan 2014
Michael C. Blumm
Lewis & Clark Law School
Downloads 69 (248,235)

Abstract:

water law, natural resources law, law and history, prior appropriation law, corporations

58.

Unconventional Waters: The Quiet Revolution in Federal and Tribal Minimum Streamflows

Ecology Law Quarterly, Vol. 19, p. 445, 1992
Number of pages: 36 Posted: 25 Jan 2006
Michael C. Blumm
Lewis & Clark Law School
Downloads 68 (248,235)

Abstract:

water law, natural resources law, property law, environmental law

59.

The End of Environmental Law?: Libertarian Property, Natural Law, and the Just Compensation Clause in the Federal Circuit

Environmental Law, Vol. 25, p. 171, 1995
Number of pages: 28 Posted: 16 Nov 2005
Michael C. Blumm
Lewis & Clark Law School
Downloads 67 (263,982)
Citation 1

Abstract:

takings clause, environmental law, constitutional law

60.

The Underappreciated Role of the National Environmental Policy Act in Wilderness Designation and Management

Environmental Law, Vol. 44, No. 2, 2014, Lewis & Clark Law School Legal Studies Research Paper No. 2014-5
Number of pages: 50 Posted: 10 Jan 2014 Last Revised: 23 Jan 2015
Michael C. Blumm and Lorena M. Wisehart
Lewis & Clark Law School and Independent
Downloads 63 (244,526)

Abstract:

Wilderness Act, National Environmental Policy Act, administrative law, natural resources law, environmental law, judicial review

61.

The Public Trust Doctrine in Environmental and Natural Resources Law, 2d Edition (Preface and Chapter 2)

Carolina Academic Press, Forthcoming
Number of pages: 81 Posted: 05 Mar 2015
Michael C. Blumm and Mary C. Wood
Lewis & Clark Law School and University of Oregon - School of Law
Downloads 60 (180,688)

Abstract:

public trust doctrine, property law, environmental law, natural resources law, constitutional law

62.

Seven Myths of Northwest Water Law and Associated Stories

Environmental Law, Vol. 26, No. 1, pp. 141-156, 1996
Number of pages: 17 Posted: 22 Mar 2006
Michael C. Blumm
Lewis & Clark Law School
Downloads 59 (272,486)

Abstract:

water law, Indian treaty rights, hydropower, natural resources law

63.

Lands Council, Karuk Tribe, and the Great Environmental Divide in the Ninth Circuit

Natural Resources Journal, Vol. 54, No. 1, 2013, Lewis & Clark Law School Legal Studies Research Paper No. 11/2013
Number of pages: 40 Posted: 09 Apr 2013 Last Revised: 14 Feb 2014
Michael C. Blumm and Maggie Hall
Lewis & Clark Law School and Antioch University Los Angeles
Downloads 57 (272,486)

Abstract:

environmental law, administrative law, natural resources law, judges

64.

Saving Idaho's Salmon: A History of Failure and a Dubious Future

Idaho Law Review, Vol. 28, p. 667, 1992
Number of pages: 48 Posted: 31 Jan 2006
Michael C. Blumm
Lewis & Clark Law School
Downloads 57 (261,969)
Citation 1

Abstract:

salmon law, water law, Endangered Species Act, hydropower, Indian treaties

65.

Present at the Creation: The 1910 Big Burn and the Formative Days of the U.S. Forest Service

Public Land Law Review , Vol. 32, No. 193, 2011 (reprinted with permission), Ecology Law Quarterly, Vol. 37, No. 1217, 2010 , Lewis & Clark Law School Legal Studies Research Paper No. 2010-22
Number of pages: 9 Posted: 14 Jun 2010 Last Revised: 24 Nov 2011
Michael C. Blumm
Lewis & Clark Law School
Downloads 56 (283,653)

Abstract:

natural resources law, environmental law, public lands law, legal history, law and politics

66.

Sacrificing the Salmon: A Legal History of the Decline of Columbia Basin Salmon (Full Text- Part 1 of 2)

BookWorld Publishers, 2002
Number of pages: 232 Posted: 16 Nov 2005 Last Revised: 11 Feb 2013
Michael C. Blumm
Lewis & Clark Law School
Downloads 53 (266,085)

Abstract:

natural resources law, policy, and history, environmental law, Indian law, water law, energy law

67.

Vetoing Wetland Permits Under Section 404(c) of the Clean Water Act: A History of Inter-Federal Agency Controversy and Reform

33 UCLA Journal of Environmental Law & Policy no. 2 (2015), Lewis & Clark Law School Legal Studies Research Paper No. 2015-1
Number of pages: 94 Posted: 25 Jan 2015 Last Revised: 21 Jan 2016
Michael C. Blumm and Elisabeth D Mering
Lewis & Clark Law School and Independent
Downloads 51 (222,804)

Abstract:

environmental law, clean water, wetlands protection, interagency relations, fish and wildlife, navigable waters

68.

Debunking the 'Divine Conception' Myth: Environmental Law Before NEPA

Oregon Historical Quarterly, Vol. 111, No. 4, Winter 2009, Ecology Law Quarterly, Vol. 37, No. 1, 2010, Lewis & Clark Law School Legal Studies Research Paper No. 2009-16
Number of pages: 11 Posted: 08 Sep 2009 Last Revised: 21 Oct 2009
Michael C. Blumm
Lewis & Clark Law School
Downloads 50 (305,828)

Abstract:

environmental law, legal history

69.

Salmon and the Endangered Species Act: Lessons From the Columbia Basin

Washington Law Review, Vol. 74, No. 519, 1999
Number of pages: 85 Posted: 03 Feb 2006
Michael C. Blumm and Greg D. Corbin
Lewis & Clark Law School and Stoel, Rives, Boley, Jones & Grey
Downloads 50 (281,387)

Abstract:

Endangered Species Act, salmon, hydropower, natural resouces

70.

Palazollo and the Decline of Justice Scalia's Categorical Takings Doctrine

Boston College Environmental Affairs Law Review, Vol. 30, No. 179, 2002
Number of pages: 18 Posted: 05 Dec 2005
Michael C. Blumm
Lewis & Clark Law School
Downloads 45 (319,587)

Abstract:

constitutional law, property, land use, takings, environmental law

71.

Avoiding Dam Breaching Through Offsite Mitigation: NMFS's 2000 Biological Opinion on Columbia Basin Hydroelectric Operations

Environmental Law, Vol. 32, p. 241, 2002
Number of pages: 56 Posted: 16 Nov 2005
Michael C. Blumm and Melissa Powers
Lewis & Clark Law School and Lewis & Clark Law School
Downloads 45 (300,616)

Abstract:

environmental law, endangered species, hydropower, fisheries

72.

The Rhetoric of Water Reform Resistance: A Response to Hobbs' Critique of Long's Peak

Environmental Law, Vol. 24, pp. 171-188, 1994
Number of pages: 18 Posted: 22 Mar 2006
Michael C. Blumm
Lewis & Clark Law School
Downloads 40 (334,369)

Abstract:

water law, natural resources law

73.

Sacrificing the Salmon: A Legal History of the Decline of Columbia Basin Salmon - Full Text (Part 2 of 2)

Number of pages: 195 Posted: 19 Feb 2013 Last Revised: 21 Feb 2013
Michael C. Blumm
Lewis & Clark Law School
Downloads 37 (319,587)

Abstract:

natural resources law, policy, and history, environmental law, Indian law, water law, energy law

74.

The Water Law Scholarship of Jim Huffman and Janet Neuman: Prologue to the Festschrift

Environmental Law, Vol. 42, No. 1, 2012, Lewis & Clark Law School Legal Studies Research Paper No. 2012-4
Number of pages: 14 Posted: 02 Nov 2011 Last Revised: 04 Mar 2012
Michael C. Blumm
Lewis & Clark Law School
Downloads 37 (334,369)

Abstract:

water law, natural resources law, environmental law, public trust doctrine, legal history, takings law

75.

Pinchot, Property Rights, and Western Water: A Reply to Greg Hobbs

Environmental Law, Vol. 24, pp. 1203-1207, 1994
Number of pages: 5 Posted: 22 Mar 2006
Michael C. Blumm
Lewis & Clark Law School
Downloads 37 (343,722)

Abstract:

water law, natural resources law

76.

The Past as Prologue to the Present: Managing the Oregon and California Forest Lands

Oregon State Bar Bulletin p. 24 (July 2013)
Number of pages: 6 Posted: 16 Jul 2013
Michael C. Blumm and Tim Wigington
Lewis & Clark Law School and The Freshwater Trust
Downloads 33 (337,439)

Abstract:

public lands law, environmental law, endangered species, legal history, land use, environmental assessment

77.

Salmon Hatcheries as Fish Factories: Forgetting the Lessons of Leopold

4 Seattle University Environmental Law Review (2014, Forthcoming), Lewis & Clark Law School Legal Studies Research Paper No. 2014-6
Number of pages: 14 Posted: 24 Jan 2014 Last Revised: 22 Apr 2014
Michael C. Blumm
Lewis & Clark Law School
Downloads 30 (334,369)

Abstract:

natural resources, environment, fishery, ecology, water, wildlife

78.

Defending the Constitutionality of the Endangered Species Act: The Case of the Utah Prairie Dog

"On the Merits"--Washington Legal Foundation, June 6, 2015
Number of pages: 3 Posted: 09 Jun 2015
Michael C. Blumm
Lewis & Clark Law School
Downloads 19 (322,461)

Abstract:

endangered species, environmental law, Constitution, commerce clause, property rights

79.

Antimonopoly in American Public Land Law

28 Georgetown Environmental Law Review no. 2 (2016), Lewis & Clark Law School Legal Studies Research Paper No. 2015-19
Number of pages: 54 Posted: 23 Sep 2015 Last Revised: 16 Mar 2016
Michael C. Blumm and Kara Tebeau
Lewis & Clark Law School and Independent
Downloads 2 (268,149)

Abstract:

public land law, natural resources law, wildlife law, environmental law

80.

Promising a Process for Parity: The Pacific Northwest Electric Power Planning and Conservation Act and Andromous Fish Protection

11 Environmental Law 497 (1981)
Number of pages: 60 Posted: 22 Apr 2017
Michael C. Blumm and Brad L. Johnson
Lewis & Clark Law School and Lewis & Clark Law School
Downloads 0 (523,846)

Abstract:

fish and wildlife, electricity, environmental law, natural resources law, federalism, interstate compacts

81.

‘No Ordinary Lawsuit’: Climate Change, Due Process, and the Public Trust Doctrine

American University Law Review, Vol. 67, No. 1, 2017
Number of pages: 76 Posted: 20 Apr 2017
Michael C. Blumm and Mary C. Wood
Lewis & Clark Law School and University of Oregon - School of Law
Downloads 0 (288,391)

Abstract:

Climate Change, Energy Policy, Environmental Law, Pubic Trust Doctrine, Constitutional Law, Natural Resources Law

82.

Hydropower vs. Salmon: The Struggle of the Pacific Northwest's Anadromous Fish Resources for a Peaceful Coexistence with the Federal Columbia River Power System

Environmental Law, Vol. 11, No. 2, 1981
Number of pages: 90 Posted: 20 Apr 2017
Michael C. Blumm
Lewis & Clark Law School
Downloads 0 (517,657)

Abstract:

Hydropower, Salmon, Environmental Law, Fisheries, Renewable Energy, Natural Resources Law, Water Law

83.

The Northwest's Hydroelectric Heritage: Prologue to the Pacific Northwest Electric Power and Conservation Act

Washington Law Review, Vol. 58, No. 175, 1983
Number of pages: 58 Posted: 10 Apr 2017
Michael C. Blumm
Lewis & Clark Law School
Downloads 0 (513,168)

Abstract:

hydropower, fish and wildllife, Northwest legal history, energy policy, environmental law

84.

‘Coordinating’ with the Federal Government: Assessing County Efforts to Control Decisionmaking on Public Lands

38 Public Land and Resources Law Review 1 (Forthcoming)
Number of pages: 53 Posted: 23 Feb 2017
Michael C. Blumm and James A. Fraser
Lewis & Clark Law School and Lewis & Clark College, Law School, Students
Downloads 0 (340,528)

Abstract:

Public Participation, Public Lands, Natural Resources, Federalism

85.

The Nation's First Forester-in-Chief: The Overlooked Role of FDR and the Environment

33 Journal of Land Use & Environmental Law, 2017, Forthcoming
Number of pages: 41 Posted: 14 Feb 2017 Last Revised: 29 Mar 2017
Michael C. Blumm
Lewis & Clark Law School
Downloads 0 (404,693)

Abstract:

environmental history, public lands, environmental law, wildlife law, politics, natural resources

86.

Still Crying Out for a 'Major Overhaul' after All These Years — Salmon and Another Failed Biological Opinion on Columbia Basin Hydroelectric Operations

Environmental Law, Vol. 47, No. 3, 2017
Number of pages: 57 Posted: 29 Oct 2016 Last Revised: 09 Apr 2017
Michael C. Blumm, Juliane Fry and Olivier Jamin
Lewis & Clark Law School, Reed College and Lewis & Clark College, Law School, Students
Downloads 0 (263,982)

Abstract:

hydropower, endangered species, salmon, NEPA, climate change

87.

The Property Clause and Its Discontents: Lessons from the Malheur Occupation

Ecology Law Quarterly, Vol. 43, No. 4, 2017 Forthcoming
Number of pages: 60 Posted: 04 Aug 2016 Last Revised: 15 Dec 2016
Michael C. Blumm and Olivier Jamin
Lewis & Clark Law School and Lewis & Clark College, Law School, Students
Downloads 0 (212,383)

Abstract:

public property, constitutional law, natural resources, public lands, land planning

88.

Indian Treaty Fishing Rights and the Environment: Affirming the Right to Habitat Protection and Restoration

92 Washington Law Review 1 (2017)
Number of pages: 38 Posted: 25 Jul 2016 Last Revised: 05 Apr 2017
Michael C. Blumm
Lewis & Clark Law School
Downloads 0 (140,369)

Abstract:

Indian Treaties, Environmental Law, Natural Resources Law, Water Law, Wildlife Law, Federal Trustee

89.

The Public Trust as an Antimonopoly Doctrine

Boston College Environmental Affairs Law Review, Vol. 44, No. 1, 2017, Forthcoming
Number of pages: 54 Posted: 21 Jul 2016 Last Revised: 03 Mar 2017
Michael C. Blumm and Aurora Paulsen
Lewis & Clark Law School and Independent
Downloads 0 (274,667)

Abstract:

public trust doctrine, public property, legal history, natural resources, enivironmental law, water law, atmospherric trust

90.

Two Wrongs? Correcting Professor Lazarus's Misunderstanding of the Public Trust Doctrine

Environmental Law, Vol. 46, No. 3, 2016
Number of pages: 9 Posted: 20 Feb 2016 Last Revised: 17 Sep 2016
Michael C. Blumm
Lewis & Clark Law School
Downloads 0 (259,898)

Abstract:

environmental law. natural resources law. property law, public trust doctrine

91.

The Oregon Public Trust Doctrine and Atmospheric Greenhouse Gas Pollution: A Law Professors' Amicus Brief

Number of pages: 55 Posted: 24 Jan 2016 Last Revised: 04 Apr 2017
Michael C. Blumm, Mary C. Wood and Steven M. Thiel
Lewis & Clark Law School, University of Oregon - School of Law and Independent
Downloads 0 (176,357)

Abstract:

public trust doctrine, natural resources law, environmental law, climate change law, water law, wildlife law

92.

(Ground)Waters of the United States: Unlawfully Excluding Tributary Groundwater from Clean Water Act Jurisdiction

Environmental Law, Vol. 46, No. 2, 2016
Number of pages: 63 Posted: 08 Dec 2015 Last Revised: 09 Aug 2016
Michael C. Blumm and Steven M. Thiel
Lewis & Clark Law School and Independent
Downloads 0 (188,677)

Abstract:

Clean Water Act, jurisidiction, waters of the United States, groundwater, Environmental Protection Agency, U.S. Army Corps of Engineers

93.

Horne v. Department of Agriculture: Expanding Per Se Takings While Endorsing State Sovereign Ownership of Wildlife

Maryland Law Review, Forthcoming, Vermont Law School Research Paper No. 10-15, Lewis & Clark Law School Legal Studies Research Paper 2015-15
Number of pages: 41 Posted: 17 Oct 2015 Last Revised: 25 Mar 2016
John D. Echeverria and Michael C. Blumm
Vermont Law School and Lewis & Clark Law School
Downloads 0 (237,438)

Abstract:

takings law, constitutional law, environmental law, property law, natural resources law, wildlife law

94.

The Clean Water Act's Section 404 Permit Program Enters Its Adolescence: An Institutional and Programmatic Perspective

Ecology Law Quarterly, Vol. 8, No. 2, 1980
Number of pages: 64 Posted: 26 Apr 2017
Michael C. Blumm
Lewis & Clark Law School
Downloads 0

Abstract:

environmental law, wetlands protection, Clean Water Act, Environmental Protection Agancy, U.S. Army Corps of Engineers

95.

Public Property and the Democratization of Western Water Law: A Modern View of the Public Trust Doctrine

Environmental Law, Vol. 19, No. 3, 1989
Number of pages: 32 Posted: 24 Apr 2017
Michael C. Blumm
Lewis & Clark Law School
Downloads 0

Abstract:

Environmental Law, Public Trust Doctrine, Natural Resources Law, Water Law, Role of the Courts

96.

Fulfilling the Parity Promise: A Perspective on Scientific Proof, Economic Cost, and Indian Treaty Rights in the Approval of the Columbia Basin Fish and Wildlife Program

Environmental Law, Vol. 13, No. 1, 1982
Number of pages: 58 Posted: 24 Apr 2017
Michael C. Blumm
Lewis & Clark Law School
Downloads 0

Abstract:

environmental law, fish and wildlife protection, natural resources law, salmon, Indian treaty fishing rights, hydropower, science and the law