Jump to Content
Apply Today


Faculty and Staff

Mary Wood: Publications

Books, Law Reviews, And Other Scholarship

nature'strust"Atmospheric Trust Litigation: Defining Sovereign Obligations In Climate Recovery," Mary Christina Wood, Fletcher Forum of World Affairs (Tufts University) (March 27, 2014).

Tribal Trustees in Climate Crisis, SU American Indian Law Journal (forthcoming, Spring, 2014).

"The Planet on the Docket:  Atmospheric Trust Litigation to Protect Earth's Climate System and Habitability (Keynote Address)," FAMU Law Rev. (forthcoming 2014).

Advancing the Sovereign Trust of Government to Safeguard the Environment for Present and Future Generations (Part I), reprinted in Chris Wold, David Hunter, and Melissa Powers, Climate Change and the Law 2d, 1041-46 (2013)

Mary Wood and Michael Blumm Op Ed, "Setting The Public Trust Doctrine Straight," (submitted to the Oregonian on December 30, 2013).

Mary Wood and Michael Blumm Op Ed, "Undermining Oregon's public trust doctrine: Guest opinion," Oregonian (December 5, 2013).

Nature's Trust: Environmental Law for a New Ecological Age (Cambridge University Press, 2013). To read an abstract of this book, click here. For a Flyer and publishers discount click here. For information on Amazon click here.

"The Public Trust Doctrine in Environmental and Natural Resources Law" Public Trust Textbook (Michael C. Blumm and Mary C. Wood) (Carolina Academic Press, 2013).  For ordering information, click here

Mary Christina Wood (co-author with Mary Turnipseed et al.), Using the Public Trust Doctrine to Achieve Ocean Stewardship, chapter in Rule of Law for Nature (Christina Voight & Hans-Christian Bugge, eds, Cambridge University Press 2013).

"Hydrocarbon Development From Shale: A Set Of Important, Unsolved Problems," A.R. Ingraffea, A. Burchell, R. Howarth, A.E. Wilson, P. Doe, T. Colburn, M. C. Wood.  (Forthcoming, American Geophysical Union, 2013 meeting.)

Securing Planetary Life Sources for Future Generations: Legal Actions Deriving from the Ancient Sovereign Trust Obligation, Chapter in Threatened Island Nations (Mary Christina Wood, Stephen Leonard, Daniel Bartz, and Nicola Peart, Cambridge University Press 2013).  For an earlier draft, click here.

NATURAL RESOURCES LAW, SECOND EDITION (with Jan Laitos and Sandi Zellmer) (West Publishing, 2012).

"Atmospheric Trust Litigation Around the World," chapter in Fiduciary Duty and the Atmospheric Trust (Ken Coghill, Charles Sampford, Tim Smith, eds) Ashgate Publishing (Australia) (January 2012). (LINK to American draft version)

Mary Christina Wood, Stephen Leonard, Daniel Bartz, & Nicola Peart, Securing Planetary Life Sources for Future Generations: Legal Actions Deriving from the Ancient Sovereign Trust Obligation, Chapter 16, Threatened Island Nations (eds Michael Gerrard & Greg Wannier, Cambridge University Press 2012)   For a description of the book click here.     To order the book click here.

"Atmospheric Trust Litigation," in Climate Change Reader (W.H. Rodgers, Jr. and M. Robinson-Dorn, eds.) Carolina Academic Press (2011).

OLYMPUS DIGITAL CAMERA"'You Can't Negotiate With a Beetle': Environmental Law for a New Ecological Age," Natural Resources Law Journal, Vol. 50, No. 1 (Spring 2010).

"Promoting the Urban Homestead: Reform of Local Land Use Laws To Allow Microlivestock on Residential Lots," (with Katy Polluconi, Jeremy Pyle and Naomi Rowden) Ecology Law Currents, Volume 37, http://elq.typepad.com/currents/volume-37-2010/ (2010).

"Reform of Local Land Use Laws To Allow Microlivestock on Urban Homesteads," (white paper produced with the Sustainable Land Use Project) submitted to Eugene Climate Action and Energy Project, City of Eugene (March 1, 2010). Click here for the Model Livestock Ordinance that can be used in land use reform efforts nationwide.

"Cambio Climatico Y Justicia: Exijamos Su Responsabilidad A Los Gobiernos," 78 Athanor 27 (edited and translated by Francesc Prims and John Mellgren), www.athanor.es (November-December 2009).

Proposed Draft Executive Order on Climate Change (September 2009).

"Advancing the Sovereign Trust of Government to Safeguard the Environment for Present and Future Generations (Part I): Ecological Realism and the Need for a Paradigm Shift," 39:1 Environmental Law 43 (March 2009).

"Advancing the Sovereign Trust of Government to Safeguard the Environment for Present and Future Generations (Part II): Instilling a Fiduciary Obligation in Governance," 39:1 Environmental Law 91 (March 2009).

Atmospheric Trust Litigation, chapter in Adjudicating Climate Change: Sub-National, National, And Supra-National Approaches (William C.G. Burns & Hari M. Osofsky, eds.) (2009, Cambridge University Press).

"Regulating Discharges Into Groundwater: The Crucial Link in Pollution Control Under the Clean Water Act," republished in Agricultural Law Bibliography (Drew L. Kershen, ed.) (April 2009) (originally published in Harvard Environmental Law Review, 1988) 39:1 Environmental Law 43 (March 2009).

"Law and Climate Change: Government's Atmospheric Trust Responsibility," excerpt reprinted in CLIMATE CHANGE LAW: MITIGATION AND ADAPTATION (David R. Hodas, Richard Hildreth, and Gustov Speth, eds.) (Spring 2009, West Publishing) (originally published in the Environmental Law Reporter, September 2008).

"Nature's Trust: A Legal, Political and Moral Frame for Global Warming," reprinted in Social Problems (Anna Leon-Guerrero and Kristine Zentgraf, eds.) (January 2009, Sage Publications, Inc.) (originally published by Boston College Environmental Affairs Law Review, May 2007).

"American Indian Law and Forestry," Encyclopedia of U.S. Indian Policy and Law, Paul Finkleman, ed., CQ Press (2009).

"Law and Climate Change: Government's Atmospheric Trust Responsibility," 10 Environmental Law Reporter (September 2008).

"Advancing the Sovereign Trust of Government to Safeguard the Environment for Present and Future Generations," Climate Legacy Initiative Project, (white paper) (May 2008).
To read an executive summary of this article, click here.

"A Framework of China-U.S. Partnership to Address Global Warming," 3 China Environmental and Resource Law Review, Ocean University (Renmin Press, Spring 2008). To read an abstract of this article, click here.

"Nature's Trust: Reclaiming an Environmental Discourse," 2 Stratigraphy and Sedimentology of Oil-gas Basins, Geology Institute of Azerbaijan National Academy of Sciences, Azerbaijan, Russia (Spring 2008).

"Government's Atmospheric Trust Responsibility," Ecotone, Environmental Studies Program, University of Oregon, Eugene, OR (Spring 2008).

"Tribes as Trustees Again (Part I): The Emerging Tribal Role in the Conservation Trust Movement," Harvard Environmental Law Journal (with Zach Welker) (Spring 2008); republished in The Sovereignty Symposium 2008 conference proceedings, http://www.oscn.net/sovereignty/default.aspx. To read an abstract of this article, click here.

"Tribes as Trustees Again (Part II): Evaluating Four Models of Tribal Participation in the Conservation Trust Movement," Stanford Environmental Law Journal (with Matthew O'Brien) (Spring 2008); republished in The Sovereignty Symposium 2008 conference proceedings, http://www.oscn.net/sovereignty/default.aspx. To read an abstract of this article, click here.

"Government's Atmospheric Trust Responsibility," California Environmental Law Reporter (February 2008).

"Nature's Trust as a Paradigm for Scientific Input in Policy Decisions," Abstract, Annual Conference of the American Geophysical Union, San Francisco, California (December 2007) (with Alison Burchell, Ed Whitelaw, Bob Doppelt), available at http://www.agu.org/cgi-bin/SFgate/SFgate.
Nature's Trust Poster

"Government's Atmospheric Trust Responsibility," Journal of Environmental Law and Litigation, Issue 22:2 (December 2007).

The Presidential Climate Action Project, Chapter 9, "Natural Resources Stewardship" (contributing author) http://www.climateactionproject.com (September 2007); "Nature's Trust: A Paradigm for Natural Resources Stewardship" (white paper) (December 2007).

"Nature's Trust: Reclaiming an Environmental Discourse," Chapter in POLLUTION: POLICIES AND PERSPECTIVES (Institute of Chartered Financial Analysts of India University Press (ICFAI Press), Hyderbad, India, Fall 2007) (originally published by the Virginia Environmental Law Journal, 2007).

"Nature's Trust: A Legal, Political and Moral Frame for Global Warming," 34:3 Boston College Environmental Affairs Law Review (May 2007).

"Nature's Trust: Reclaiming an Environmental Discourse," 25:2 Virginia L. J. (May 2007).

"EPA's Protection of Tribal Harvests: Braiding the Agency's Mission," 34:1 Ecology Law Quarterly (April 2007).

TEACHER'S MANUAL, NATURAL RESOURCES LAW (with Jan Laitos, Sandi Zellmer and Dan Cole) (West Publishing, January 2007).

"Salmon for Sale: Tribes, Treaties, and Fishing Rights," Oregon's Future 34 (Winter 2006).

NATURAL RESOURCES LAW (with Jan Laitos, Sandi Zellmer and Dan Cole) (West Publishing, 2006).

"Restoring the Abundant Trust: Tribal Litigation in Pacific Northwest Salmon Recovery," 36 Environmental Law Reporter, 10163 (2006).

"Indian Forest Laws," Chapter in HANDBOOK OF FEDERAL INDIAN LAW (Lexis/Nexis Publishing 2005).

"The Politics of Abundance: Towards a Future of Tribal-State Relations," 83 Oregon Law Review 1352 (2004).

"Protecting the Wildlife Trust: A Reinterpretation of Section 7 of the Endangered Species Act," 34 Environmental Law 605 (2004).

"The Indian Trust Responsibility: Protecting Tribal Lands and Resources Though Claims of Injunctive Relief Against Federal Agencies," 39 Tulsa Law Review 355 (2004).

"Rennard's Deanship: The Triumph of Axiology," 80 Oregon Law Review 1155 (2001).

"The Tribal Property Right to Wildlife Capital (Part I): Applying Principles of Sovereignty to Protect Imperiled Wildlife Populations," 37 Idaho Law Review 1 (2000).

"The Tribal Property Right to Wildlife Capital (Part II): Asserting a Sovereign Servitude to Protect Habitat of Imperiled Species," 25 Vermont Law Review 355 (2001).

"Judicial Termination of Treaty Water Rights: The Snake River Case," 36 Idaho Law Review 449 (2000) (co-authored with Michael Blumm, Dale Goble, Judith Royster).

"Native Environmental Sovereignty," Open Spaces Magazine (1999).

"Reclaiming the Natural Rivers: The Endangered Species Act Applied to Endangered River Ecosystems," 40 Arizona Law Review 198-286 (1998).

"Environmental Scholarship for a New Millennium," 26 Environmental Law 761-769 (1996).

"Treaty Rights and the Trust Responsibility," Materials for U.S. Fish and Wildlife Service Training Seminars (1996).

"Tribal Management of Off-Reservation Living Resources: Regaining the Sovereign Prerogative," THE WAY FORWARD: COLLABORATION 'IN COUNTRY' (1995).

"Protecting the Attributes of Native Sovereignty: A New Trust Paradigm for Federal Actions Affecting Tribal Lands and Resources," Utah Law Review 109-237 (1995).

"Fulfilling the Executive's Trust Responsibility Toward the Native Nations on Environmental Issues: A Partial Critique of the Clinton Administration's Promises and Performance," 25 Environmental Law 733-800 (1995).

"Indian Land and the Promise of Native Sovereignty: The Trust Doctrine Revisited," Utah Law Review 1471-1569 (1994).

"Environmental Considerations in Estate Planning and Administration," Oregon Environmental & Natural Resources Law News, Vol. VII, no. 1 (co-authored) (May 1992).

"Status of Heirs and Trustees under CERCLA," Oregon State Bar Environmental and Cultural Resources Section (co-authored) (1992).

"Court Finds New Basis of Liability," The National Law Journal, Vol. 13, no. 36 (co-authored) (1991).

"The Toxic Substances Control Act," OREGON ENVIRONMENTAL LAW DESK BOOK (chapter co-authored with Professor Craig Johnston) (1990).

"Regulating Discharges Into Groundwater: The Crucial Link in Pollution Control Under the Clean Water Act," 12 Harvard Environmental Law Review 569-626 (1988).

Other Publications

"How to Sue for Climate Change: The Public Trust Doctrine" and "Enforcing the Atmospheric Trust Fiduciary Obligation," co-authored with Susan O'Toole, Outlook: Oregon State Bar Environmental and Natural Resources Section Newsletter Vol. 10 No. 2 (Winter 2009)

"Why U.S. President Must Immediately Regulate Carbon Dioxide Under the Clean Air Act," Opinon Editorial with Tim Ream, China Environmental Law Review, Volume 3 (July 2009).

Comments on Nature's Trust Approach submitted to Office of Management and Budget, Federal Regulatory Review, Office of Information and Regulatory Affairs Request for Comments, 74 Fed. Reg. 8819 (February 26, 2009).

"Obama must act now on climate issue," Opinion Editorial with Tim Ream, The Register Guard (January 27, 2009), http://www.registerguard.com/csp/cms/sites/
web/news/sevendays/5875322-35/story.csp
.

"Barack Obama stands at threshold of catastrophic climate change," Opinion Editorial with Tim Ream, straight.com (January 19, 2009), http://www.straight.com/article-194912/barack-obama-stands-threshold-catastrophic-climate-change; also posted at http://earthequitynews.blogspot.com/
2009/01/obama-at-threshold-catastrophic-climate.html
(January 21, 2009); also posted at http://blog.163.com/adr_ouc/blog/static/105679286200902184843199/ (January 21, 2009).

"C.E.S. Wood Documentary Premiere–Remarks," Address, Premiere of the PBS documentary, "C.E.S. Wood" (February 7, 2008), Oregon Historical Society, available at: http://ohs.org/education/focus/ces-wood-film-premiere.cfm.

"Government's Atmospheric Trust Responsibility," Feature of the Week, Presidential Climate Action Project, www.climateactionproject.com (re-publication of a keynote address given at the 2007 J.E.L.L. Climate Change Conference) (December 4, 2007).

"Regaining Nature's Trust," ¡Viva! Mercy Magazine, Institute of the Sisters of Mercy of the Americas, Silver Spring, MD, Sisters of Mercy (September/October Edition, 2007).

"Nature's Mandate, Our Obligation," 33: 3 Down to Earth 9 (Montana Environmental Information Center, September 2007), available at: http://www.meic.org/files/energy/global-warming/NaturesTrust.pdf.

"Nature's Mandate, Our Obligation," Climate Crisis Coalition Newsfeed, (re-publication of a speech given at the 2007 Southwest Renewable Energy Conference) (August 2007).

"Rachel's News # 907: "Discretion or Obligation," Montague, Peter and Tim Montague, eds., (May 2007).

"Government and Climate Crisis: Discretion or Obligation?" Eugene Weekly online (May 4, 2007), available at: http://www.eugeneweekly.com/2007/05/10/news1.html.

"Oregon State Legislature's Responsibility to Address Global Warming," Legislative Briefing Packet for Oregon Senate Judiciary Committee, University of Oregon School of Law, Eugene, OR (February 16, 2007).

"Now is Time to Stem Global Warming," Opinion Editorial, Vancouver Columbian (Feb. 9, 2007).

"Demand Global Warming Legislation," Opinion Editorial, Idaho Statesman (Jan. 21, 2007).

"A UN Warning Americans Should Not Ignore," Opinion Editorial, Long Valley Advocate (Feb. 7, 2007).

"Bureaucrats Violate Trust By Ignoring Preservation," Opinion Editorial, The Register-Guard (Jan. 12, 2007).

"Trust in Property Rights to Stem Global Warming," Opinion Editorial, The Star News (Dec. 21, 2006).

"Trophy Home Proposal Dishonors the Nez Perce," The Seattle Times, B9 (Feb. 11, 2004).

"American Indians Feel Sting of Insensitivity," The Eastern Oregonian, 6A (Feb. 15, 2004).

"Wallowa Development Dishonors the Nez Perce," Baker City Herald, 4 (Feb. 10, 2004).

"Proposed Development Would Be 'An Unthinkable Desecration,'" Wallowa County Chieftain, 6 (Feb. 12, 2004).

"Proposed Development Would Be 'An Unthinkable Desecration,'" La Grande Observer (Feb. 12, 2004).

"An Unthinkable Desecration," Ta'c Tito'oquan News, 16 (Feb. 2004).

"No Way To Honor Grave Legacy Of Old Joseph," Lewiston Morning Tribune, 6A (Feb. 11, 2004).

"Wallowa County Considers Unthinkable Desecration of A Sacred Site," The Oregonian, D11 (Feb. 11, 2004).

"Nez Perce Fight An Old Battle Again," The Register-Guard, A11 (Feb. 12, 2004).

"Subdivision Would Add Insult To Tribe's Injury," Spokesman Review (Feb. 11, 2004).

"Reaction to P&Z Threatens the Process," The Star-News (Feb. 25, 1999).

"Valley County P&Z Process Jeopardized by Critics of WestRock Decision," The Long Valley Advocate (Feb. 17, 1999).

"Reclaiming Native Environmental Sovereignty in the Columbia River Basin," 20th Annual Report, Columbia River Inter-Tribal Fish Commission (Aug. 1998).

"Salvage Logging Bill Threatens U.S. Forests," The San Diego Union-Tribune (May 3, 1995) (with Chad Hanson).

"Salvage Logging Bill Seen as Rape–or the Salvation–of Forests," The Oregonian (May 1, 1995) (with Chad Hanson).

"The Gorton-Hatfield Forest Giveaway," The New York Times, Sunday Edition (Apr. 30, 1995) (with Chad Hanson).

"Gorton, Hatfield Pull a Fast One to Benefit Timber Industry," Seattle Post-Intelligencer (Apr. 28, 1995) (with Chad Hanson).

"Bill a Blow to Ecosystems, Democracy," The Eugene Register-Guard (Apr. 25, 1995) (with Chad Hanson).

"Tribal Treaty Victory Helps Save Salmon," The Seattle Times (Sept. 30, 1994).

"It's Electricity Turbines that Kill Northwest Salmon, Not Tribal Fishing," Indian Country Today (Sept. 28, 1994).

"Indian Treaty Rights, Salmon, Do Not Pose Conflict," The Columbian (Sept. 27, 1994).

"Indian Rights Face-Off Avoided," The Eugene Register-Guard (Sept. 18, 1994).

"State Over Its Head as Spill Decision-Maker," The Oregonian (July 15, 1994).

Brief submitted on behalf of the U.S. Fish and Wildlife Service in the Endangered Species Act "God Squad" Proceedings involving the Northern Spotted Owl (250p) (co-counsel with Patrick A. Parenteau and Ron Swan) (Feb. 1992).

STANFORD LAWYER, semi-annual column from 1987 to 1998.

Back to Top


Oregon Law » Faculty & Staff » Mary Wood » Mary Wood: Publications