Craig Anthony (Tony) Arnold

Print

Boehl Chair in Property and Land Use and Professor of Law; Affiliated Professor of Urban Planning: Chair of the Center for Land Use and Environmental Responsibility

Craig Anthony (Tony) Arnold's picture

Professor Tony Arnold is the Boehl Chair in Property and Land Use. He is also the Chair of the interdisciplinary Center for Land Use and Environmental Responsibility, http://louisville.edu/landuse, and teaches in the University's graduate urban planning program. He is a nationally recognized scholar in the environmental regulation of land use, water, and property, and teaches in the areas of property law, land use planning and regulation, environmental law and policy, and water resources law and policy.

Scholars and professionals have selected his article on property as a web of interests in the Harvard Environmental Law Review as one of the 10 best environmental and land use articles published in 2002, and his article "Working Out an Environmental Ethic: Anniversary Lessons from Mono Lake" (originally given as the Rudolph Distinguished Visiting Lecture at the University of Wyoming) as one of the 20 best environmental and land use articles published in 2004. Professor Arnold has also published extensively on the relationship between environmental justice and land use planning and regulation, among other topics. His works include Wet Growth: Should Water Law Control Land Use? (Environmental Law Institute 2005), Fair and Healthy Land Use: Environmental Justice and Planning (American Planning Association 2007), and "The Structure of the Land Use Regulatory System in the United States," which was published in 2007 in the Journal of Land Use and Environmental Law. Much of his research and teaching focuses on collaborative problem-solving and deliberative and participatory processes, informed by interdisciplinary insights and case studies.  See http://louisville.edu/landuse/profile.html 

Professor Arnold received his Doctor of Jurisprudence with Distinction from Stanford Law School, where he was founding Executive Editor of the Stanford Law & Policy Review and Graduate Student Fellow in the Center for Conflict and Negotiation. He received his Bachelor of Arts with Highest Distinction from the University of Kansas, where he was elected to Phi Beta Kappa and earned two national honors, the Harry S. Truman Scholarship and the TIME Magazine College Achievement Award.

Professor Arnold came to the University of Louisville in 2005 with substantial prior experience in both law practice and legal education. He clerked for a federal appellate judge (the Honorable James K. Logan, 10th Circuit) and practiced law for several years with the largest and oldest law firm in San Antonio, Texas. Professor Arnold taught at Stanford Law School, the University of Puerto Rico Law School, the University of Wyoming College of Law (as the E. George Rudolph Distinguished Visiting Professor of Law), and Chapman University School of Law in Orange, CA (as the Bollinger Chair in Real Estate, Land Use, and Environmental Law, and Director of the Center for Land Resources), where he was voted Professor of the Year by the student body.

In San Antonio, Texas, he was a city attorney for two municipalities, a member of the Board of Directors for the Texas Lawyers Committee for Civil Rights Immigrant & Refugee Rights Project, and vice president and pro bono general counsel of a micro-enterprise loan fund. He served as Chairman of the Planning Commission of Anaheim, California.

In Louisville, he has continued his record of public service and civic engagement, serving on the boards of directors of River Fields, the West Jefferson County Community Task Force, and Habitat for Humanity of Metro Louisville, as well as theMayor's Climate Change Task Force and the Louisville Metro Fine Particle Matter Air Quality Task Force.  He has participated in grant-funded projects to aid communities in Louisville and Kentucky on environmental justice and land use issues (in partnership with Central High School) and on water quality and land use issues (in partnership with the Kentucky Division of Water).

 Professor Arnold is a faculty associate of the University of Louisville's Center for Environmental Policy and Management and an affiliate of the Children, Youth and Environments Center for Research and Design at the University of Colorado's College of Architecture and Planning.  In 2008-2009, he will be a Visiting Scholar at the University of Cincinnati's School of Planning.

Courses Taught

Real Property I & II

Land Use & Planning Law

Environmental Law

Water Resources Law & Policy

Real Estate Transactions

Ecosystems & Legal Problem Solving

Environmental Justice Seminar

Advanced Seminar in Land Development & the Environment

Property Rights Field Research Seminar

Wills, Trusts, and Estates

Publications

BOOKS and MONOGRAPHS

Fair and Healthy Land Use: Environmental Justice and Planning, Planning Advisory Service Report, American Planning Association (2007)

Wet Growth: Should Water Law Control Land Use? (Editor) (Environmental Law Institute 2005)

Privatization of Public Water Services: The States' Role in Ensuring Public Accountability (State Environmental Resource Center, Madison, WI, 2004)

Beyond Litigation: Case Studies in Water Rights Disputes (co-ed. with Leigh A. Jewell; Environmental Law Institute 2002)

 

CHAPTERS

Introduction: The Fragmentation and Integration of Land Use and Water, in Wet Growth: Should Water Law Control Land Use? (Environmental Law Institute, 2005)

Polycentric Wet Growth: Policy Diversity and Local Land Use Regulation, in Integrating Land and Water, in Wet Growth: Should Water Law Control Land Use? (Environmental Law Institute, 2005)

Litigation as Dispute Non-Resolution: Lessons from Case Studies in Water Rights Disputes, in Beyond Litigation: Case Studies in Water Rights Disputes (Environmental Law Institute, 2002)

The Real Public Trust Doctrine: The Aftermath of the Mono Lake Case (co-authored with Leigh A. Jewell), in Beyond Litigation: Case Studies in Water Rights Disputes (Environmental Law Institute, 2002)

The Remedy of Monetary Damages in Land Use Litigation, in Powell on Real Property, ch. 79E (2002) (most widely cited property treatise in the United States)

Joint Tenancy, in Powell on Real Property, ch. 51 (2001)

 

SCHOLARLY ARTICLES

The Structure of the Land Use Regulatory System in the United States, 22(2) Journal of Land Use and Environmental Law 441 (2007)

Planning and Environmental Justice, 59(3) Planning and Environmental Law 3 (March 2007)

Clean-Water Land Use: Connecting Scale and Function, 23(2) Pace Environmental Law Review 291 (2006)

For the Sake of Water: Land Conservation and Watershed Protection, 14 Sustain: A Journal of Environmental and Sustainability Issues 16 (2006)

Is Wet Growth Smarter Than Smart Growth?: The Fragmentation and Integration of Land Use and Water, 35 Environmental Law Reporter 10152 (2005)

Privatization of Public Water Services: The States' Role in Ensuring Public Accountability, 32 Pepperdine Law Review 561 (2005)

Working Out an Environmental Ethic: Anniversary Lessons from Mono Lake, 4 Wyoming Law Review 1 (2004) (E. George Rudolph Distinguished Lecture), selected as a finalist for 36 Land Use and Environment Law Review as one of the 20 best land use and environmental law articles published in 2004, as selected by peer review

The Reconstitution of Property: Property as a Web of Interests, 26 Harvard Environmental Law Review 281 (2002), reprinted at 34 Land Use and Environment Law Review 65 (2003), as one of the 10 best land use and environmental law articles published in 2002, as selected by peer review

Litigation's Bounded Effectiveness and the Real Public Trust Doctrine: The Aftermath of the Mono Lake Case, 8 Hastings West-Northwest Journal of Environmental Law & Policy 1 (2002) (co-authored with Leigh A. Jewell)

Land Use Justice, 3.2 Projections: The Massachusetts Institute of Technology Journal of Planning 32 (2002)

Land Use Regulation and Environmental Justice, 30 Environmental Law Reporter 10395 (2000)

How Do Law Students Really Learn? Problem-Solving, Modern Pragmatism, and Property Law, 22 Seattle University Law Review 891 (1999)

Planning Milagros: Environmental Justice and Land Use Regulation, 76 Denver University Law Review 1 (1998)

Religious Freedom as a Civil Rights Struggle, 2 Nexus (2) 149 (1997) (invited)

Conserving Habitats, Building Habitats: The Emerging Impact of the Endangered Species Act on Land-Use Development, 10 Stanford Environmental Law Journal 1 (1991) (Honorable Mention, Murie Award in Environmental Law)

Ignoring the Rural Underclass: The Biases of Federal Housing Policy, 2 Stanford Law & Policy Review 191 (1990)

Beyond Self-Interest: Policy Entrepreneurs and Aid to the Homeless, 18 Policy Studies Journal 47 (1989) (Best Undergraduate Paper, Southwest Political Science Association (presented at 1987 conference) )

Presentations

 Presentations, 2000-present

Adaptation to Climate Change and Local Land Use, Local Laws Workshop Facilitator, Adapting Legal Regimes in the Face of Climate Change, University of North Carolina-Chapel Hill and the Center for Environment, Energy, and Natural Resources at the University of Houston Law Center, University of North Carolina, Chapel Hill, NC, October 18, 2008

The Vitality Principle in Urban Environments for Children and Youth: Environmental Justice Lessons from Parks, Plans, Rivers, and Communities, Lecture, Children, Youth and Environments Center for Research and Design, University of Colorado College of Architecture and Planning, Boulder, CO, October 9, 2008

Water Privatization Trends in the U.S.: Issues of Human Rights and National Security, Lecture, Human Rights and National Security Law Program, College of William and Mary Marshall-Wythe School of Law, Williamsburg, VA, September 16, 2008

The Mask of Voter: Deindividuation, Discrimination, Deliberation, and Judicial Review of Direct Democracy, Faculty Workshop, University of Florida Levin College of Law, Gainesville, FL, April 4, 2008

Models of Clean-Water Land Use, Environmental and Land Use Capstone Colloquium on Land, Water, and Growth, University of Florida Levin College of Law, Gainesville, FL, April 3, 2008

Ecosystem Services, the Structure of the Land Use Regulatory System, and Discretionary Decision Making, Interdisciplinary Roundtable, University of Louisville Brandeis School of Law, Louisville, KY, February 18, 2008

Fair and Healthy Land Use, Diversity Forum on “Here’s to Your Health: Crossing the Desert to Health Equity,” University of Louisville Brandeis School of Law, Louisville, KY, February 5, 2008

Fair & Healthy Land Use: Environmental Justice & Planning, Louisville Bar Association Environmental Law Section CLE Seminar, Louisville, KY, November 13, 2007

Vital Places: Healthy Child-Nature Connections in Plans, Codes, Projects, and Decisions, Panel Presentation for Session on Children, Nature, and Land Use, Symposium on Law, Ethics, and the Life Sciences, University of Louisville, Louisville, KY, October 26, 2007

Organizer, Session on Children, Nature, and Land Use, Symposium on Law, Ethics, and the Life Sciences, University of Louisville, Louisville, KY, October 26, 2007

Overcoming Barriers to Sustainable Redevelopment at Cleanup Sites: Issues of Psychology, Politics, and Justice, The Ohio River Valley Conference on Sustainable Redevelopment, sponsored by the U.S. Environmental Protection Agency, Louisville, KY, October 3, 2007

Planning Committee, The Ohio River Valley Conference on Sustainable Redevelopment, sponsored by the U.S. Environmental Protection Agency, Louisville, KY, October 3, 2007

Panelist, Discussion of The Unforeseen, a Sundance Film Festival movie, at a screening in Louisville, KY, August 24, 2007

An Ecology of Environmentalism, Democracy, and Land Use Planning & Regulation, Panel on Democracy, Environmental Law, and Land Use: Conflict or Confluence?, Southeast Association of Law Schools (SEALS), Amelia Island, FL, August 2, 2007

Organizer, Panel on Democracy, Environmental Law, and Land Use: Conflict or Confluence?, Southeast Association of Law Schools (SEALS), Amelia Island, FL, August 2, 2007

The Lake, the Trust, and the Map: Can Environmental Law Achieve Environmental Conservation?, Luncheon Speaker, Phi Beta Kappa Awards Luncheon, Phi Beta Kappa Association of Kentuckiana, Louisville, KY, May 8, 2007

Zoning and Land Use Law for Engineers and Surveyors, Seminar on Kentucky Land Law for Engineers and Surveyors, Lexington, KY, April 27, 2007

Bettman Symposium Speaker, Correcting Environmental Injustices, American Planning Association 99th National Planning Conference, Philadelphia, PA, April 15, 2007

Organizer and Moderator, Forum on Mountaintop Removal Mining: Law, Environment, and Community, sponsored by the Center for Environmental Law, Kentucky Institute for the Environment and Sustainable Development, and co-sponsored by the Law School Diversity Committee (Diversity Forum) and Kentuckians for the Commonwealth, Louis D. Brandeis School of Law, University of Louisville April 10, 2007

Roundtable Discussion on Law, Law School, and the Legal Profession, University of Kansas Honors Program, Lawrence, KS, March 2, 2007

The Mask of Voter: Deindividuation, Discrimination, and Judicial Review of Direct Democracy, University of Kansas School of Law Faculty Workshop, Lawrence, KS, March 2, 2007

The Lake, the Trust, and the Map: Can Environmental Law Achieve Environmental Conservation?, University of Kansas Honors Program, Lawrence, KS, March 1, 2007

Environmental Justice: Local and National Perspectives, Black Law Students’ Association Black History Celebration, Louis D. Brandeis School of Law, University of Louisville, February 23, 2007

Land Use and Watersheds: Issues and Tools, Floyd’s Fork Watershed Planning Group and Kentucky Waterways Alliance, Louisville, KY, February 23, 2007

The People’s Land: Justice Brandeis, Environmental Conservation, and Wisdom for Today’s Land Use Challenges, Inaugural Boehl Distinguished Lecture in Land Use Policy, Louis D. Brandeis School of Law, University of Louisville, February 13, 2007

Fair and Smart: Forging the Links Between Environmental Justice and Smart Growth, Smart Growth Summit, Jeffersonville, IN, August 3, 2006

Who Framed Urban Watersheds?: Framing Effects and the “Law” of Sustainable Development, Panel on Viewing Environmental Policy and Law Through the Lens of Sustainable Development: Clarification or Muddle?, Southeast Association of Law Schools (SEALS), Palm Beach, FL, July 22, 2006

The Structure of Land Use Regulation, The Law and Policy of Ecosystem Services, a symposium at Florida State University School of Law, April 7, 2006

Organizer and Speaker, The Slippery Slope: Water Quality, Urban Runoff, and the Issue of Authority, a symposium at Chapman University School of Law, January 27, 2006 (sponsored by the Chapman Law Review)

Unexercised Authority to Control Urban Runoff, The Slippery Slope: Water Quality, Urban Runoff, and the Issue of Authority, a symposium at Chapman University School of Law, January 27, 2006 (sponsored by the Chapman Law Review)Fulfilling the Promise: Integrating Environmental Justice Considerations into Land Use Planning and Regulation, Incorporating Environmental Justice into Land Use Planning, Albany Law School, Albany, NY, December 8, 2005, (organized by the Government Law Center of Albany Law School and the National Academy of Public Administration, with funding from the Ford Foundation)Fulfilling the Promise: Integrating Environmental Justice Considerations into Land Use Planning and Regulation, Incorporating Environmental Justice into Land Use Planning, American Planning Association, Chicago, IL, November 30, 2005 (organized by the Government Law Center of Albany Law School and the National Academy of Public Administration, with funding from the Ford Foundation and co-sponsorship by the American Planning Association)Environmental Injustice Floods the National Conscience: Katrina and the Wider, Deeper Problems of Environmental Injustice, Diversity Forum: Katrina and the Cross-Currents of Environmental Justice, Louis D. Brandeis School of Law, University of Louisville, November 7, 2005Clean-Water Land Use: Connecting Scale and Function, Eastern Water Law Symposium; Integrating Land Use Law and Water Law: The Obstacles and Opportunities, Pace Law School, White Plains, NY, October 22, 2005 (co-sponsored by the Pace Environmental Law Review, the Pace Law School Land Use Law Center, the Government Law Center at Albany Law School, and the New York State Water Resources Institute at Cornell University)

Environmental Conservation and the Arctic National Wildlife Refuge, Forum on Drilling in the Arctic National Wildlife Refuge, Chapman University Law School, Orange, California, Spring 2005 (co-hosted by the American Constitution Society and the Land Resources Society)

Working Out an Environmental Ethic: Anniversary Lessons from Mono Lake, Environmental Law & Policy Lecture, Chicago-Kent College of Law, October 21, 2004; E. George Rudolph Distinguished Visiting Lecture, University of Wyoming College of Law, November 20, 2003

Is Wet Growth Smarter Than Smart Growth?, California Association of Environmental Professionals, Orange County Chapter, October 6, 2004

Panelist, Recent Developments in Landlord-Tenant Law, The Law Professors on Recent Developments in Real Property Law, California State Bar 23rd Annual Real Property Law Retreat, April 24, 2004

The Mask of Voter: Deindividuation, Accountability, and Judicial Review of Direct Democracy, University of California – Davis, School of Law, Faculty Colloquium, February 24, 2003; University of Wyoming Faculty Colloquium (law faculty & psychology faculty), October 14, 2003; University of Wyoming Psychology & Law Lab (graduate student seminar), December 9, 2003

Moderator, Wet Growth: Should Water Law Control Land Use?, National conference sponsored by the Center for Land Resources, Chapman University School of Law & the Environmental Law Institute, February 7, 2003

Panel on Religious Land Use Conflicts from a Problem-Solving Perspective (the Religious Land Use & Institutionalized Persons Act), UCLA Land Use Law & Planning Conference, January 31, 2003

Just Zoning? The Emerging Impact of Environmental Justice on Land Use Planning & Regulation, Rocky Mountain Land Use Institute, March 2002Three Colliding World Views: Is Collaborative Problem-Solving a Possibility for Religious Land Use Conflicts?, presentation for Planning the City of God, a conference sponsored by the Claremont Institute, January 2002Legal Issues in Drafting Trusts & the Ascertainable Standard, Presentation at Discretionary Distribution MCLE Seminar, First American Trust, June 2001Organizer & Speaker, The Religious Land Use and Institutionalized Persons Act: A Program for Attorneys Representing Cities & Counties, MCLE Seminar sponsored by the Center for Land Resources, Chapman University School of Law, March 2001Panel on Faculty Pro Bono Policies, Annual Meeting of the Association of American Law Schools, January 2001Environmental Justice: What Is It and What Does It Mean for Industry and Development? Presentation to the Environmental Law Section of the Orange County Bar Association, November 2000

Participant, U.S. Department of Transportation Environmental Justice/Title VI Summit, July 17-18,2000

Respondent to paper on American constitutional law and hermeneutics by Professor Howard Vogel, Conference on Relational Hermeneutics, Chapman University, February 25-26, 2000

University and Community Service

GRANTS AND FUNDED PROJECTS

Community Land Use Assessment for Fair and Healthy Neighborhoods: An Educational-Community Partnership in West Louisville, $10,000 grant from the Center for Health Equity, Louisville Metro Department of Public Health and Wellness

  • Develop Community Conditions Assessment Tool
  • Teach Central High School students (juniors) about land use, environmental justice, community health conditions and health equity, and geographic information systems
  • Work with Central High School students to engage in community mapping and analysis of land use and environmental conditions in a West Louisville neighborhood, using GIS software
  • Teach Central High School students about land use planning and regulation, including zoning, permits, processes for changing land use policies and regulations, and public participation
  • Assist Central High School students in preparing and making a presentation about community conditions and the potential of planning and regulatory reform to a meeting of neighborhood residents in the area studied; organize community meeting
  • Grant recipient: Center for Land Use and Environmental Responsibility, as part of the Center's Fair and Healthy Land Use Initiative, the Law School's Partnership with Central High School, and the University's Signature Partnership Initiative with West Louisville

Kentucky Growth Readiness Workshops, $15,000 sub-grant from the Division of Water, Commonwealth of Kentucky Environmental Protection Cabinet, under a grant to the University of Louisville Department of Geography for the Commonwealth Water Education Project

  • Facilitate workshops on the impact of land use and development on water quality and mechanisms for adapting land development regulations and planning to protect water quality
  • Integrate material on relationships between land use and watersheds, land use impacts on water quality, low-impact development, watershed planning, land conservation, property rights and takings, and codes and ordinances analysis
  • Develop relationships with local officials, community leaders, land development and environmental professionals, civic groups, the Commonwealth Division of Water, the Kentucky Waterways Alliance, and the Kentucky League of Cities
  • Sub-grant recipient: Center for Land Use and Environmental Responsibility, as part of the Center's Healthy Watersheds Land Use Initiative, in coordination with the University of Louisville Department of Geography, the primary grant recipient

River Fields

                Board of Trustees, 2008-present (Governance Committee; Marketing & Education Committee)

                Member, 2005-present

Habitat for Humanity of Metro Louisville, 2006-present

                Board of Directors, 2007-2008

                Site Selection and Acquisition Committee, 2006-2008

                Lake Louisvilla Ad Hoc Committee, 2006-2007

                Coordinator, Historic Land Use Research Team, 2006-present

                                Approved public service project of Brandeis Law School Greenebaum Public Service Program

Board of Directors, West Jefferson County Community Task Force, 2006-2008

Louisville Metro Climate Change Task Force, 2007-present

                Co-Chair, Subcommittee on Land Use, Transportation, and Urban Forestry

Louisville Metro Fine Particulate Matter Air Quality Task Force, 2007

Park Hill Corridor Brownfields Group (Re-Defining Brownfields Initiative), 2005-2006

Environmental Issues Planning Group, Festival of Faiths, Louisville, 2006

Liturgist, Our Savior Lutheran Church, 2006-present

Advisory Board, College of Liberal Arts and Sciences, University of Kansas, 2007-present

Chair, Center for Land Use and Environmental Responsibility (Kentucky Institute for the Environment & Sustainable Development), http://louisville.edu/landuse

Faculty Associate, Center for Environmental Policy and Management (Kentucky Institute for the Environment & Sustainable Development)

University Sustainability Council, 2008-present

Faculty Liaison (from Law School), University Signature Partnership Initiative, 2006-present

Internal Advisory Board, Logistics and Distribution Institute, 2007-present

Proponent of the Juris Doctor-Master of Urban Planning dual degree program

Visiting Scholar, School of Planning, College of Design, Architecture, Art, and Planning, University of Cincinnati, June 1, 2008-September 1, 2009

Affiliate, Children, Youth and Environments Center for Research and Design, College of Architecture and Planning, University of Colorado, Boulder & Denver, Colorado, 2008-present

American Planning Association, Planning and Law Division, Panel of Judges for the Smith-Babcock-Williams Student Writing Competition, 2007-present