Craig Anthony (Tony) Arnold

Associate Dean for Research & Faculty Development; Boehl Chair in Property & Land Use; Professor of Law; Affiliated Professor of Urban Planning; Chair of the Center for Land Use & Environmental Responsibility

Craig Anthony (Tony) Arnold's picture
   

Tony Arnold holds the Boehl Chair in Property and Land Use, a Kentucky Research Challenge Trust Fund (“Bucks for Brains”) endowed chair, at the University of Louisville.  He teaches in both the Louis D. Brandeis School of Law and the Department of Urban and Public Affairs in the fields of land use, water resources, environmental conservation, ecosystem conservation, farmland conservation and sustainable agriculture, property, and real estate transactions.  He is the Chair of the interdisciplinary Center for Land Use and Environmental Responsibility.  He also serves as the Associate Dean for Research and Faculty Development at the Brandeis School of Law.

Professor Arnold joined the U of L faculty in 2005, and has held distinguished chairs or visitorships at the University of Florida, University of Houston, University of Wyoming, Chapman University, and University of Puerto Rico.  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 a Graduate Student Fellow in the Stanford Center for Conflict and Negotiation.  He received his Bachelor of Arts with Highest Distinction, Phi Beta Kappa, from the University of Kansas, where he received two national honors -- the Truman Scholarship and the TIME Magazine College Achievement Award -- as well as the University's top honor for a graduating senior, the Agnes Wright Strickland Award. 

Professor Arnold is a nationally and internationally recognized scholar at the intersection of land use, water, property, and the environment.  Much of his work involves the methods and structure of adaptive governance.  His broadly interdisciplinary scholarship has been cited over 2,000 times, and his innovative ideas – such as the concept of property as a “web of interests” or the emergence of “wet growth” methods to integrate land use development, water quality protection, and water supply management – are often discussed by scholars for their influence.  His research is widely used by policy makers, government agencies, business and industry groups, lawyers, and environmental and community groups throughout the U.S. and the world.  In 2011, Professor Arnold received the University of Louisville's Distinguished Faculty Award for Outstanding Scholarship, Research, and Creative Activity in the Social Sciences.  He is a faculty affiliate of the Ostrom Workshop in Political Theory and Policy Analysis at Indiana University, Bloomington, and also affiliated with research centers at the Universities of Colorado, Florida, North Carolina - Chapel Hill, Kentucky, and Louisville.  His recent distinguished lectures include the 2011 Jestrab Lecture on Water at the University of Montana and a 2012 Wallace Stegner Center Green Bag Lecture at the University of Utah.

His current research includes a book on the emergence, evolution, and impact of watershed institutions in the U.S.  He is pursuing interdisciplinary research on social-ecological resilience and adaptation in addressing complex land use, water, and environmental problems affected by dynamic and evolving interrelationships among law, social systems, and ecosystems at multiple scales.  He says, "I aim to build bridges in my scholarship – across disciplines, across fragmented areas of law, and across theory and practice.  Society's complex problems demand trans-disciplinary knowledge and ideas.  I was drawn to U of L because of opportunities for interdisciplinary teaching and research."  He is known for “getting his cowboy boots muddy” with field research and field-based classes, particularly concerning interconnections among legal, policy, social, and ecological systems.

Professor Arnold is an innovative teacher, caring mentor, and pragmatic problem-solver.  He integrates professional practical skills development through experiential learning into the courses he teaches, such as service-learning projects and zoning permit hearing simulations in Land Use & Planning Law and commercial lease negotiations and drafting in Real Estate Transactions.  He co-coaches the Law School’s negotiation competition teams.  In 2013, he received the Trustees Award, the highest award the University of Louisville bestows on a faculty member.  The Trustees Award recognizes extraordinary impact on students.  Many former students wrote about the impact that Professor Arnold's teaching and mentoring had on them and praised his field-study research seminars and experiential-learning classes that bridge theory and practice.

Professor Arnold has an extensive record of public service.  He clerked for a federal appellate judge and practiced law in Texas.  He served as Chairman of the Planning Commission of Anaheim, California, a city attorney in Texas, and co-chair of a Louisville Metro Climate Change Task Force committee on land use.  He is or was a member of many boards and task forces, including Habitat for Humanity, a microenterprise loan fund started by working-class Latinas in San Antonio, the Texas Lawyers Committee for Civil Rights, a land trust, an environmental justice organization in West Louisville, and the Louisville Metro Tree Policy Committee.  He now serves as the Vice-Chair of the Board of Trustees of The Nature Conservancy of Kentucky, and chairs the Advisory Board for the University of Kansas College of Liberal Arts and Sciences 

 

  

Muddy Boots Field Work Tony Arnold Dustin Wallen Connie Barr Archer  

 Professor Tony Arnold discusses land use and water issues with law and planning students (and now alums) Connie Barr Archer and Dustin Wallen.

Courses Taught

Property I and II

Land Use & Planning Law

Water Resources Law & Policy

Land & Ecosystem Conservation

Environmental Law

Real Estate Transactions

Title Reports & Insurance

Biodiversity & Ecosystem Conservation*

Natural Resources Law*

[* = at other law schools]

Publications

BOOKS and MONOGRAPHS:

 

Saxer, Arnold, and Tarlock, Environmental Sustainability Law and Policy (Aspen/Wolters Kluwer, forthcoming 2013) (co-authors: Shelley Saxer, Hari Osofsky, and Dan Tarlock)

Rabin, Kwall, Kwall, and Arnold, Fundamentals of Modern Property Law, Sixth Edition (Foundation Press, 2011) (co-authors: Edward H. Rabin, Roberta Rosenthal Kwall, and Jeffrey L. Kwall)

Teacher’s Manual to Rabin, Kwall, Kwall, and Arnold, Fundamentals of Modern Property Law, Sixth Edition (Foundation Press, 2011) (co-authors: Edward H. Rabin, Roberta Rosenthal Kwall, and Jeffrey L. Kwall)

Kentucky Wet Growth Tools for Sustainable Development : A Handbook on Land Use and Water for Kentucky Communities (University of Louisville Center for Land Use & Environmental Responsibility, 2009) (co-authors: Carol Norton and Dustin Wallen): Received the 2010 Jonathan N. Helfat Award for Legal Scholarship

Fair and Healthy Land Use: Environmental Justice and Planning, Planning Advisory Service Report, American Planning Association (in coordination with the National Academy of Public Administration, the Government Law Center at Albany Law School, and the Ford Foundation) (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:

 

Adaptive Law, in Resilience and Law (Craig R. Allen and Ahjond S. Garmestani, eds.) (Columbia University Press, forthcoming 2013) (co-author: Lance H. Gunderson)

 Introduction to Resilience and Law, in Resilience and Law (Craig R. Allen and Ahjond S. Garmestani, eds.) (Columbia University Press, forthcoming 2013) (co-authors: Ahjond S. Garmestani, Craig R. Allen, & Lance H. Gunderson)

Framing Watersheds, in Environmental Law and Contrasting Ideas of Nature: A Constructivist Approach (Keith Hirokawa, ed.) (Cambridge University Press, forthcoming 2013)

Sustainable Webs of Interests: Property in an Interconnected Environment, in Property Rights and Sustainability: The Evolution of Property Rights to Meet Ecological Challenges (David Grinlinton & Prudence Taylor, eds., 2011)

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)

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

 

 

SCHOLARLY ARTICLES:

 

Adaptive Law and Resilience. Environmental Law Reporter (forthcoming 2013) (co-author: Lance H. Gunderson)

Fourth-Generation Environmental Law: Integrationist and Multimodal, 35(3) William and Mary Environmental Law and Policy Review 771 (2011)

Legal Castles in the Sand: The Evolution of Property Law, Culture, and Ecology in Coastal Lands, 61(2) Syracuse Law Review 213 (2011)

Sustainable Webs of Interests: Property in an Interconnected Environment, 2 Journal of Animal and Environmental Law 27 (2011)

Adaptive Watershed Planning and Climate Change, 5  Environmental and Energy Law and Policy Journal 417 (2010)

Law’s Adaptive Capacity and Climate Change’s Impacts on Water, 5 Environmental and Energy Law and Policy Journal v (2010)

Exemplary Research in Environmentally Responsible Land Use, 22 Sustain: A Journal of Environmental and Sustainability Issues 2 (2010)

The Structure of the Land Use Regulatory System in the United States, 22 Sustain: A Journal of Environmental and Sustainability Issues 36 (2010) (edited and revised excerpt of prior work published in anthology of exemplary scholarship on environmentally responsible land use)

Water Privatization Trends in the United States: Human Rights, National Security, and Public Stewardship, 33(3) William and Mary Environmental Law and Policy Review 785 (2009)

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

Planning for 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), 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), reprinted at 12 Hastings West-Northwest Journal of Environmental Law & Policy 1177 (2008).

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): two substantial excerpts republished in Clifford Rechtshaffen & Eileen Gauna, Environmental Justice: Law, Policy & Regulation (Carolina Academic Press 2002)

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

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)

 

 

GRANTS and FUNDED PROJECTS:

Principal Investigator, 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, 2007-2008

Sub-grant Principal Investigator, Kentucky Growth Readiness Workshops and Kentucky Wet Growth Handbook, approx. $25,000 sub-grant from the U.S. Environmental Protection Agency (Clean Water Act Section 319 grant) to the Kentucky Division of Water and the University of Louisville for the Commonwealth Water Education Project, 2007-2009

Participant, HUD Sustainable Communities Capacity Building Grant: $400,000 grant to the Center for Environmental Policy and Management from the U.S. Department of Housing and Urban Development and the U.S. Environmental Protection Agency to lead the Water Infrastructure Capacity Building Team, 2011-present

Core Team of Investigators, Social-Ecological Resilience: Climate Change and Adaptive Water Governance: $100,000 grant from the National Socio-Ecological Synthesis Center (NSF funded) at the University of Maryland to an inter-university, interdisciplinary team of researchers on water governance, 2013-2015

Participant, Incorporating Ecosystem Services to Improve Urban Planning and Policy, $10,000 grant from the National Academies Keck Futures Initiative to the Nicholas Institute for Environmental Policy Solutions, Duke University, 2013-2014

Principal Investigator, The Role of Law and Public Participation in the Evolution of Watershed Institutions in Kentucky and Tennessee for Social-Ecological Resilience, $9.902 Multi-Disciplinary Research Grant from the University of Louisville, 2014

 

PEER REVIEWER:

Land Use and Environment Law Review

Policy Studies Journal

Remote Sensing

Journal of Education for Sustainable Development (Sage)

Blue Waters, Green Cities: Proceedings of the Wingspread Workshop on Cities of the Future

Sea Grant Law and Policy Journal

Policy and Society

Washington Journal of Environmental Law and Policy 

Presentations

Recent and Upcoming Presentations:

 

Adaptive Water Law, Kansas Law Review Symposium, University of Kansas School of Law, Lawrence, KS, November 1, 2013

The Goal of Poly-Resilience and the Evolution of Watershed Institutions, University of Louisville Sustainability Scholars Roundtable, Louisville, KY, November 13, 2013

Can Environmental Law Adapt for Resilient Communities and Ecosystems?, Keynote Speech, “Environmental Law 4.0: Adaptive and Resilient,” Journal of Environmental and Sustainability Law Symposium, University of Missouri School of Law, Columbia, MO, February 14, 2014 (forthcoming)

Watershed-Smart Planning, Green River Watershed Summit, U.S. Army Corps of Engineers and The Nature Conservancy, Mammoth Cave National Park, KY, February 20-21, 2014 (forthcoming)

Adaptive Law and Resilient Cities, St. Louis University School of Law Faculty Workshop, St. Louis, MO, March 20, 2014 (forthcoming)

The Evolution of Watershed Institutions in the United States, Ostrom Workshop in Political Theory and Policy Analysis, University of Indiana, Bloomington, IN, September 16, 2013

Sustainability Scholars Roundtable: Stimulating Transdisciplinary Sustainability Research, AASHE 2013: Resiliency & Adaptation (conference of the Association for the Advancement of Sustainability in Higher Education), Nashville, TN, October 8, 2013

An Ecosystem of Learning: Former Student Feedback and Systems-Thinking about Teaching and Learning, Faculty Workshop Series, University of Louisville Brandeis School of Law, Louisville, KY, August 20, 2013

Participant, Water Law and the Public Interest Workshop, Water and Justice Program, Vermont Law School, South Royalton, VT, June 7, 2013

This Is Who We Are, University Commencement Address (as Trustees Award recipient), University of Louisville, Louisville, KY, May 11, 2013

Watershed Institutions in the U.S.: Emergence and Evolution, Environmental Law Virtual Guest Speaker Series, Mercer Law School, Macon, GA, February 3-10, 2013 (video webcast, PPT, and online discussion)

 

Watershed Institutions in the U.S.: Emergence and Evolution, Stegner Center Green Bag Lecture, Wallace Stegner Center, University of Utah, Salt Lake City, UT, October 16, 2012

Three Strategies for Effectively Integrating Water into Sustainable Community Development, Workshop on Incorporating Water Management into the Community Planning Process (workshop for HUD Sustainable Community Grants recipients nationwide) University of Louisville, Louisville, KY, August 16, 2012

Adaptive Watershed Planning and Climate Change, The Frank and Elvira Jestrab Lecture on Water, University of Montana, Missoula, MT, September 27, 2011

Symposium Visiting Professor (organizer), Symposium on Climate Change, Water, and Adaptive Law, University of Houston Law Center and the Environmental & Energy Law & Policy Journal, Houston, TX, February 26, 2010; Presentation: Adaptive Watershed Planning at the Intersection of Climate Change, Water, Land Use, and Law

Fourth-Generation Environmental Law: Integrationist and Multimodal, Distinguished Lecture in Environmental and Land Use Law, Florida State University College of Law, Tallahassee, FL, October 28, 2009

Clean Water Restoration Act Update, Luncheon Keynote, Water Policy & Economics Conference: 21st Century Water Issues in the Southern States, Southern Region Water Program (a partnership of USDA CREES and Land Grant Colleges and Universities), University of Florida Institute of Food & Agricultural Sciences, Gainesville, FL, October 13, 2009

Sustainable Webs of Interests: Reconceptualizing Property in an Interconnected Environment, Keynote Speech, New Zealand Center for Environmental Law Conference on Property Rights and Sustainability: The Evolution of Property Rights to Meet Ecological Challenges, University of Auckland, Auckland, NZ, April 16, 2009 (via video-conference)

Sustainable Webs of Interests: Reconceptualizing Property in an Interconnected Environment, University of Kansas (Honors and University Scholars Programs, Schools of Law and Architecture & Urban Planning, Departments of Sociology and Environmental Studies, Center for Sustainability), Lawrence, KS, April 18, 2009

Law and Planning Are Not Enough: Interdisciplinary Research on Environmental Conservation and Discretionary Land Use Decision Making, PhD Program Colloquium, University of Cincinnati College of Design, Architecture, Art, and Planning, Cincinnati, OH, October 23, 2008

The Vitality Principle in Urban Environments for Children and Youth: Environmental Justice Lessons from Parks, Plans, Rivers, and Communities, Distinguished 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, Distinguished Lecture, Human Rights and National Security Law Program, College of William and Mary Marshall-Wythe School of Law, Williamsburg, VA, September 16, 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

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

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

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

Fair and Healthy Land Use: Environmental Justice and Planning, Bettman Symposium Speaker, Correcting Environmental Injustices, American Planning Association 99th National Planning Conference, Philadelphia, PA, April 15, 2007

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

 

University and Community Service

 

Community Service (selected service responsibilities; dates only for service after 2005):

The Nature Conservancy of Kentucky, Vice-Chair, Board of Trustees, 2013-present

Deacon, Redeemer Lutheran Church, 2011-2013 

Louisville Metro Climate Change Task Force, Co-Chair, Subcommittee on Land Use, Transportation, and Urban Forestry, 2007-2009

River Fields, Board of Trustees, 2008-2009

Habitat for Humanity of Metro Louisville, Board of Directors, 2007-2008

Habitat for Humanity of Metro Louisville, Coordinator, Historic Land Use Research Team, 2006-2009

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

Louisville Metro Fine Particulate Matter Air Quality Task Force, 2007

Honorary Board, Passionist Earth and Spirit Center, 2008-present

Chair, Advisory Board, College of Liberal Arts and Sciences, University of Kansas, chair since 2011, member since 2007

Chairman, City of Anaheim (California) Planning Commission

City of Anaheim (California) General Plan Advisory Committee

City Attorney, City of Hondo, Texas 

Board of Directors, Immigrant & Refugee Rights Project, Lawyers’ Committee for Civil Rights, San Antonio, Texas: Chair, Pro Bono Subcommittee

Vice-President, Board of Directors, & General Counsel, Federación Ecuménica de Fe y Acción, San Antonio, Texas

Advisory Board, Good Samaritan Center, San Antonio, Texas

 

University Service (selected service responsibilities, 2005-present):

Chair, Center for Land Use and Environmental Responsibility

University Sustainability Council, 2008-present

                Education and Research Committee, 2008-present

Co-Chair, Research Subcommittee, 2011-present 

Phi Beta Kappa Speakers Committee, 2010-present

Faculty Liaison (from Law School), University Signature Partnership Initiative, 2006-2009

Internal Advisory Board, Logistics and Distribution Institute, 2007-2009

University Selection Committee, Awards for Outstanding Scholarship, Research, and Creative Activity, 2008, 2009

Co-Chair, Law School Dean Search Committee, 2006

Faculty Associate, Center for Environmental Policy and Management

Advisor, J.D.-M.U.P. Dual Degree Program in Law and Urban Planning