David Dana
Professor of Law
Faculty Associate, Institute for Policy Research
Northwestern University
J.D., Harvard Law School, 1988
 d-dana@northwestern.edu
Additional
biographical information
David Dana specializes in the fields of environmental and property
law. Prior to joining the faculty of Northwestern Law School in
1999, he taught environmental and natural resources law for six
years at the Boston University School of Law. From 1991 to 1993,
Dana was an attorney in the Environmental and Natural Resources
Division of the U.S. Department of Justice, where he worked on enforcement
litigation of the Clean Water Act and handled regulatory challenges
in circuit courts involving the Clean Water Act, the Toxic Substances
Control Act, the Clean Air Act, the Resource Conservation and Recovery
Act, and the Endangered Species Act. Dana has also served as a law
clerk for Judge Betty Fletcher of the U.S. Court of Appeals for
the Ninth Circuit, and as a litigator for the private law firm of
Wilmer, Cutler and Pickering in Washington, D.C.
Current Projects
Environmental Regulation. Dana has been working on a series
of papers about environmental regulatory policy that apply economic
and political theory to legal issues. The first of three current
projects focuses on "risk-risk" analysis. Dana is looking at the
long-running policy debate about whether regulators should anticipate
secondary risks that may occur when they try to replace an unsafe
product or ameliorate a pernicious condition with something that
may carry other, and possibly unknown, risks (i.e., the ban on asbestos
or the reduction of smog). Dana will look at the extent to which
agencies require risk-risk regulation, whether courts should be
reviewing these cases, the political assumptions, and how much these
concerns should be integrated into environmental policy. A second
paper tackles the problem in economic theory of justifying why courts
ratchet up punishments for repeat offenders even though the social
harm they cause remains the same. Dana is also looking at the growing
trend toward decentralization in creating environmental standards.
He plans to focus a case study on the role of community organizations
in the redevelopment of brownfields. These abandoned or underutilized
properties are found mainly in older urban areas. They carry heavy
costs of cleanup and often cause conflicts between economic and
environmental interests. Dana is interested in the extent to which
community groups should participate in the redevelopment of these
properties and how this can be done effectively.
Environmental Remediation. Environmental engineering professor
Kimberly Gray and David Dana are working with the Northwestern and
Kent law schools and the Chicago Legal Clinic to establish an environmental
law clinic that will focus on issues of urban sustainability and
redevelopment. One of their interests is to tackle urban environmental
problems in a highly collaborative multidisciplinary way and to
involve undergraduate and graduate students in discovering new strategies
to solve environmental problems.
Selected Publications
(1998)
"The uncertain merits of environmental enforcement reform: The case
of supplemental environmental projects," WISC. L.R. 1181.
(1997) "Overcoming the political tragedy of the commons: Lessons
from the reauthorization of the Magnuson Act," 24, ELQ 883.
(1997) "Land use regulation in an age of heightened scrutiny,"
75 N.C.L. REV. 1243.
(1996) "The perverse incentives of environmental audit immunity,"
81 IOWA L. REV. 969.
(1995) "Natural preservation and the race to develop," 143 U.
PA. L. REV. 655.
(1995) "The case for unfunded environmental mandates," 69 S.
CAL. L. REV 1.
(1995) "Environmental lawyers and the public service model of
lawyering," 74 OR. L. REV. 57.
(1994) "Setting environmental priorities: The promise of a bureaucratic
solution" (review essay), 74 BOSTON UNIVERSITY LAW REVIEW 365.
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