ROBIN KUNDIS CRAIG

Curriculum Vitae Biosketch

So Cal Whale Watching
  • James I. Farr Presidential Endowed Chair of Law, College Of Law
  • Affiliated Faculty, Wallace Stegner Center for Land, Resources, and Environment, College Of Law
  • Affiliated Faculty, Global Change & Sustainability Center
  • Professor, College Of Law
  • Member, World Commission on Environmental Law (WCEL), International Union for the Conservation of Nature (IUCN)
  • External Ph.D. Committee Member, Faculty of Law, University of Tasmania
  • External Ph.D. Committee Member, Integrated Biosciences/Biomimicry, University of Akron
  • External Ph.D. Committee Member, Department of Geography, Clark University
  • Adjunct Professor, Faculty of Law, University of Tasmania

Research

Research Summary

Robin Craig researches the law and policy of "all things water," including water rights, water pollution, and ocean and coastal issues, as well as climate change adaptation and the intersection of constitutional and environmental law. She has authored, co-authored, or edited 7 books, 12 books chapters, and over 65 articles.

Research Statement

Robin Kundis Craig pursues several lines of research in environmental law and policy, most of which revolve around water. Common themes in her research include:

  • CLIMATE CHANGE ADAPTATION, WATER, AND THE LAW: Climate change adaptation poses a much larger legal (as opposed to political) problem for the world than climate change mitigation does, because the measures that various levels of government will need to take to adapt to climate change depend intensely on the local impacts of climate change, the primary effects of climate change on existing socio-ecological system stability, and the relevant community's priorities. In addition, climate change impacts, thresholds, and feedback loops are complex and multiscalar and hence difficult to predict, making legal solutions even more difficult to implement. Much of Craig's research since 2009 has been concentrated in this area, particularly with respect to climate change impacts on freshwater and on the oceans, two resources that are already exhibiting the effects of climate change and that have pervasive social, ecological, and economic implications. Subtopics within this general area of Craig's research include: (1) the difficulties of continuing to think in terms of "sustainability" and the need to move to a resilience paradigm; (2) reinvigoration of traditional common-law limitations on property rights (including water rights), such as public necessity and public trust doctrines, that can allow governments to innovate and reallocate in the face of climate change; (3) consequences of climate change impacts on the ocean for national and international food security; and (4) the connections between climate change and public health that could also help to foster innovative and politically acceptable adaptation laws.
  • PUBLIC HEALTH AND ENVIRONMENTAL LAW: Although public health researchers often acknowledge the importance of environmental and natural resources law to public health protections, environmental law researchers and practitioners rarely acknowledge that connection. Craig is an exception and has written in several contexts about the usefulness of promoting the public health benefits of environmental law, including in environmental enforcement and as a defense to constitutional takings claims. The public health connection also informs Craig's research interests on the impacts of climate change to freshwater resources and the oceans and coasts, and it is fueling her increasing interest in food security issues.
  • WATER LAW: In addition to being a co-author of a new water law textbook, Modern Water Law: Private Property, Public Rights, and Environmental Protections, Craig has written extensively about state public trust doctrines and their evolutions since the founding of the United States. Moreover, she has also published on the subject of constitutional "takings" of private water rights and the implications of such potential liability for federal protection of endangered species. Finally, Craig also has an interest in the "water-energy nexus," a phrase that describes the intimate interdependence between energy development and use and water development and use. In particular, water law and various energy policies--including energy-related climate change mitigation policies--are coming increasingly into conflict, which could lead to significant structural/federalism and substantive changes in the domestic law that governs each field.
  • CLEAN WATER ACT: Craig has written extensively about the federal Clean Water Act, including a book with the Environmental Law Institute press entitled The Clean Water Act and the Constitution. Her work on the Clean Water Act also includes extensive articles on Clean Water Act citizen suits, the application of the Clean Water Act to the oceans and coasts, and problems facing implementation of the Clean Water Act in a climate change era.
  • OCEAN AND COASTAL LAW: Craig has long been fascinated by the issue of how traditional environmental and natural resource protections should apply along the coast and in the deeper oceans, which has led in turn to a long-term interest in marine protected areas and marine spatial planning. This last interest led to her 2012 book from Edward Elgar Publishing, Comparative Ocean Governments: Place-Based Protections in a Climate Change Era and has included and will continue to include on-site research in Hawai'i, on Midway Island within the Papahanamokuakea Marine National Monument, in Australia, and in New Zealand. Internationally, Craig has also looked at various issues involving the use of law to promote and preserve marine biodiversity, while her more domestically focused work on oceans looks at the sustainability of ocean resources and at the status of offshore submerged lands as a form of federal public lands.
  • CONSTITUTIONAL ENVIRONMENTAL LAW: United States environmental laws intersection with the U.S. Constitution in a variety of ways, from Commerce Clause limitations on Congress's authority to regulate to Article III limitations on the federal courts' jurisdiction to hear environmental citizen suits to Supremacy Clause preemption of state law. Craig has written on all of these topics and more in a variety of publications, including The Clean Water Act and the Constitution, the American Bar Association's edited volume entitled Constititional Environmental Law, and throughout her environmental law textbook,Environmental Law in Context.
  • TOXIC AND ENVIRONMENTAL TORTS: Craig is a co-author of the 2011 West textbook, Toxic and Environmental Torts, and she has also written on the subject of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA, also known as Superfund).

Research Keywords

  • Climate Change Policy, Interest Level: 5
  • Climate Change Adaptation, Interest Level: 5
  • Environmental Law, Interest Level: 4
  • Natural Resources Law, Interest Level: 4
  • Water Resources, Management or Planning, Interest Level: 5
  • Water Rights, Interest Level: 5
  • Public Trust Doctrine, Interest Level: 5
  • Energy-Water Nexus, Interest Level: 4
  • Water Pollution, Interest Level: 5
  • Marine Conservation, Interest Level: 5
  • Marine Spatial Planning, Interest Level: 5
  • Coral Reefs, Interest Level: 4
  • Biodiversity, Interest Level: 3
  • Arctic Ocean, Interest Level: 3
  • Antarctica, Interest Level: 3
  • Environmental Public Health, Interest Level: 4
  • Public Health Law, Interest Level: 4
  • English Romantic Literature, Interest Level: 3
  • Cultural History, Interest Level: 3
  • Cultural Criticism, Interest Level: 3

Research Groups

  • Robin Kundis Craig, Research Professor. Adaptive Water Governance, Socio-Ecological Synthesis Center (SESYNC. 12/2013 - 05/2016. Awards/Scholarships/Stipends: Funding for several research projects on Adaptive Water Governance in six U.S. water basins.

Grants, Contracts & Research Gifts

  • Research Fellow and Visiting Scholar: Resilience and the Law. PI: Jan McDonald. Co-PI(s): Robin Kundis Craig. University of Tasmania, 01/04/2016 - 03/04/2016. Total project budget to date: $7,000.00
  • Social-Ecological System Resilience, Climate Change and Adaptive Water Governance . PI: Barb Cosens, University of Idaho. Co-PI(s): Lance Gunderson. National Socio-Environmental Synthesis Center (SESYNC, 08/2013 - 06/2016. Total project budget to date: $0.00
  • Marine Spatial Planning in New Zealand: A Legal and Policy Comparison to the United States. PI: Robin Kundis Craig. University of Utah Research & Creative Grant, 08/2013 - 08/2015. Total project budget to date: $6,000.00

Software Titles

  • Regulated Sources Under the Clean Air Act. Computer Aided Legal Instruction (CALI) lesson, as updated. Release Date: 08/2014. Inventors: Robin Kundis Craig.
  • ESA Basics. Computer Aided Legal Instruction (CALI) lesson, as revised. Release Date: 08/2014. Inventors: Robin Kundis Craig. Distribution List: Through CALI.
  • Climate Change 1: Introduction to Climate Change. Computer Aided Legal Instruction (CALI) lesson, as revised. Release Date: 07/2014. Inventors: Robin Kundis Craig. Distribution List: Through CALI.
  • Climate Change 2: Climate Change Mitigation: The International Dimension. Computer Aided Legal Instruction (CALI) lesson, as revised. Release Date: 07/2014. Inventors: Robin Kundis Craig. Distribution List: Through CALI.
  • Climate Change 3: An Introduction to and Overview of Climate Change Adaptation. Computer Aided Legal Instruction (CALI) lesson, as revised. Release Date: 07/2014. Inventors: Robin Kundis Craig. Distribution List: Through CALI.
  • Climate Change 4: Common-Law Climate Change Lawsuits. Computer Aided Legal Instruction (CALI) lesson, as revised. Release Date: 07/2014. Inventors: Robin Kundis Craig. Distribution List: Through CALI.
  • Climate Change 5: Addressing Climate Change Through Existing Federal Environmental Statutes. Computer Aided Legal Instruction (CALI) lesson, as revised. Release Date: 07/2014. Inventors: Robin Kundis Craig. Distribution List: Through CALI.
  • Water Law: Equitable Apportionment. Computer Aided Legal Instruction (CALI) lesson, as revised. Release Date: 06/2014. Inventors: Robin Kundis Craig.
  • Water Law: The Public Trust Doctrine. Computer Aided Legal Instruction (CALI) lesson, as revised. Release Date: 06/2014. Inventors: Robin Kundis Craig. Distribution List: Through CALI.
  • Clean Air Act Stationary Sources and Criteria Pollutants. Computer Aided Legal Instruction (CALI) lesson, as revised. Release Date: 05/2014. Inventors: Robin Kundis Craig. Distribution List: Through CALI.
  • Clean Water Act Permitting. Computer Aided Legal Instruction (CALI) lesson, as revised. Release Date: 05/2014. Inventors: Robin Kundis Craig.
  • Clean Water Act Jurisdiction. Computer Aided Legal Instruction (CALI) lesson, as revised. Release Date: 05/2014. Inventors: Robin Kundis Craig.
  • RCRA Hazardous Wastes. Computer Aided Legal Instruction (CALI) lesson, as revised. Release Date: 05/2014. Inventors: Robin Kundis Craig.
  • The Erie Doctrine: Erie Basics. Computer Aided Legal Instruction (CALI) lesson. Release Date: 06/2011. Inventors: Robin Kundis Craig. Distribution List: Through CALI.
  • Water Law: The California Doctrine. Computer Aided Legal Instruction (CALI) lesson. Release Date: 12/2009. Inventors: Robin Kundis Craif. Distribution List: Through CALI.
  • Water Law: Regulated Riparianism—The Example of Florida. Computer Aided Legal Instruction (CALI) lesson. Release Date: 10/2009. Inventors: Robin Kundis Craig. Distribution List: Through CALI.
  • Water Law: Federal Reserved Rights. Computer Aided Legal Instruction (CALI) lesson. Release Date: 09/2009. Distribution List: Through CALI.
  • Water Law: Ground Water Basics. Computer Aided Legal Instruction (CALI) lesson. Release Date: 07/2009. Inventors: Robin Kundis Craig. Distribution List: Through CALI.
  • Water Law Basics: Prior Appropriation. Computer Aided Legal Instruction (CALI) lesson. Release Date: 06/2009. Inventors: Robin Kundis Craig.
  • Water Law Basics: Riparianism. Computer Aided Legal Instruction (CALI) lesson. Release Date: 05/2009. Inventors: Robin Kundis Craig. Distribution List: Through CALI.
  • Water Law Basics: Rights in Surface Water. Computer Aided Legal Instruction (CALI) lesson. Release Date: 05/2009. Inventors: Robin Kundis Craig. Distribution List: Through CALI.
  • Federal Preemption in Environmental Law. Computer Aided Legal Instruction (CALI) lesson. Release Date: 01/2009. Inventors: Robin Kundis Craif. Distribution List: Through CALI.
  • International Trade and Endangered Species. Computer Aided Legal Instruction (CALI) lesson. Release Date: 12/2008. Inventors: Robin Kundis Craig. Distribution List: Through CALI.
  • FIFRA Basics. Computer Aided Legal Instruction (CALI) lesson. Release Date: 09/2008. Inventors: Robin Kundis Craig. Distribution List: Through CALI.
  • TSCA Basics. Computer Aided Legal Instruction (CALI) lesson. Release Date: 06/2008. Inventors: Robin Kundis Craig. Distribution List: Through CALI.
  • Standing in Environmental Citizen Suits. Computer Aided Legal Instruction (CALI) lesson. Release Date: 04/2008. Inventors: Robin Kundis Craig. Distribution List: Through CALI.
  • Constitutional Aspects of Environmental Law: Fifth Amendment Takings. Computer Aided Legal Instruction (CALI) lesson. Release Date: 03/2008. Inventors: Robin Kundis Craig. Distribution List: Through CALI.
  • Constitutional Aspects of Environmental Law: The Commerce Clause. Computer Aided Legal Instruction (CALI) lesson. Release Date: 08/2007. Inventors: Robin Kundis Craig. Distribution List: Through CALI.
  • Introduction to Administrative Law for Environmental and Natural Resources Law Students. Computer Aided Legal Instruction (CALI) lesson. Release Date: 03/2007. Inventors: Robin Kundis Craig. Distribution List: Through CALI.
  • Introduction to International Environmental Law. Computer Aided Legal Instruction (CALI) lesson. Release Date: 09/2005. Inventors: Robin Kundis Craig. Distribution List: Through CALI.
  • Clean Air Act Stationary Sources and Hazardous Air Pollutants. Computer Aided Legal Instruction (CALI) lesson. Release Date: 04/2004. Inventors: Robin Kundis Craig. Distribution List: Through CALI.
  • RCRA ‘Solid Wastes. Computer Aided Legal Instruction (CALI) lesson. Release Date: 08/2003. Inventors: Robin Kundis Craig. Distribution List: Through CALI.