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Lesley K. McAllister

Professor of Law

Education

Ph.D. Energy and Resources Group, University of California, Berkeley 2004

J.D., Stanford Law School 2000, with distinction

M.A. Energy and Resources Group, University of California, Berkeley 1997

B.S., magna cum laude Civil Engineering and Public Policy, Princeton University 1991

Biography

Lesley McAllister is a teacher and scholar of environmental law, natural resources law, food law, energy law, and property law. Before joining the UC Davis law faculty in 2013, she held appointments at the University of San Diego School of Law and the UC San Diego School of International Relations and Pacific Studies. Much of her scholarship focuses on innovative regulatory approaches, such as cap-and-trade regulation, public-private governance, and citizen enforcement. 

Recent books and articles include Oversight and Accountability in Private Food Safety Auditing, Wisconsin Law Review (2014) (with Timothy D. Lytton); Harnessing Private Regulation, 3 Michigan Journal of Environmental and Administrative Law __ (2014). Environmental Challenges in Middle-Income Countries: A Comparison of Enforcement in Brazil, China, Mexico and Indonesia (with Benjamin van Rooij) (2013); and Climate Change Law and Policy (with Hari M. Osofsky) (2012).

Professor McAllister is a member scholar of the Center for Progressive Reform and has served as a consultant to the Administrative Conference of the United States. She has a J.D. from Stanford Law School and a Ph.D. from the Energy and Resources Group at UC Berkeley, where she studied Brazilian environmental law and legal institutions. As an undergraduate, she majored in civil engineering and public policy at Princeton University. 

Subject Areas

Environmental Law, Natural Resources, Food Safety, Energy Law, Comparative Law

Selected Career Highlights

  • Stanley Legro Professor of Environmental Law, University of San Diego, 2012-13
  • Fulbright Scholar, University of Granada Law School, 2012
  • Consultant, Administrative Conference of the United States, 2012
  • Visiting Scholar, UC San Diego Center for U.S.-Mexican Studies, 2011
  • Visiting Professor, Sorbonne Law School, 2009
  • Law Clerk to Hon. Fern Smith, Northern District of California, 2004-05
  • Associate Attorney, Earthjustice International Program, 2002
  • Law Clerk, Environmental Protection Agency Office of Regional Counsel, Region IX, 2001
  • Volunteer, Peace Corps Costa Rica, 1993-95

Selected Publications

Oversight and Accountability in Private Food Safety Auditing, 2014 Wisconsin Law Review 289 (with Timothy D. Lytton).

Harnessing Private Regulation, 3 Michigan Journal of Environmental and Administrative Law 61 (2014).

Environmental Challenges in Middle-Income Countries: A Comparison of Enforcement in Brazil, China, Mexico and Indonesia, in Law and Development of Middle-Income Countries (Randall Peerenboom and Tom Ginsburg, eds., Cambridge University Press, 2013) (with Benjamin van Rooij).

Cap-and-Trade, in Global Climate Change and U.S. Law, (Michael B. Gerrard and Jody Freeman, eds., American Bar Association, 2nd ed., 2014).

Climate Change Law & Policy, (Aspen, Wolters Kluwer, 2012) (with Hari M. Osofsky).

Co-Regulation in Mexican Environmental Law, 32 Utah Environmental Law Review 181 (2012).

Regulation by Third-Party Verification, 53 Boston College Law Review 1 (2012).

Adaptive Mitigation in the Electric Power Sector, 2011 Brigham Young University Law Review 2115 (2011).

Environmental Advocacy Litigation in Brazil and the United States, 6(2) Journal of Comparative Law (2011).

The Enforcement Challenge of Cap-and-Trade Regulation, 40 Environmental Law 1195 (2010).

Enforcing Cap and Trade: A Tale of Two Programs, 2 San Diego Journal of Climate & Energy Law 1 (2010).

Dimensions of Enforcement Style: Factoring in Regulatory Capacity and Autonomy, 32 Law & Policy 61 (2010).

Reorienting Regulation: Pollution Enforcement in Industrializing Countries, 32 Law & Policy 1 (2010) (with Benjamin van Rooij & Robert A. Kagan).

Litigating Climate Change at the Coal Mine, in Adjudicating Climate Change: State, National, and International Approaches, (William C.G. Burns and Hari M. Osofsky, eds., Cambridge University Press, 2009).

Regional Climate Regulation: From State Competition to State Collaboration, 1 San Diego Journal of Climate & Energy Law 81 (2009).

The Overallocation Problem in Cap-and-Trade: Moving Toward Stringency, 34 Columbia Journal of Environmental Law 396 (2009).

On Environmental Enforcement and Compliance: A Reply to Professor Crawford’s Review of Making Law Matter: Environmental Protection and Legal Institutions in Brazil, 40 George Washington International Law Review 649 (2009).

Making Law Matter: Environmental Protection and Legal Institutions in Brazil, (Stanford University Press, 2008).

Sustainable Consumption Governance in the Amazon, 38 Environmental Law Reporter 10873 (2008).

Revisiting a “Promising Institution”: Public Law Litigation in the Civil Law World, 24 Georgia State University Law Review 693 (2008).

Putting Persuasion Back in the Equation: Compliance in Cap and Trade Programs, 24 PACE ENVIRONMENTAL LAW REVIEW 299 (2007).

Beyond Playing ‘Banker’: The Role of the Regulatory Agency in Emissions Trading, 59 ADMINISTRATIVE LAW REVIEW 269 (2007).

Public Prosecutors and Environmental Protection in Brazil, in Environmental Issues in Latin America and the Caribbean , (Springer, 2005).

Judging GMOs: Judicial Application of the Precautionary Principle in Brazil , 32 ECOLOGY LAW QUARTERLY 149 (2005).