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Uhlmann, David M.

Jeffrey F. Liss Professor from Practice
Director, Environmental Law and Policy Program

909 Legal Research
734.764.7362
E-mail duhlmann@umich.edu
David M. Uhlmann is the Jeffrey F. Liss Professor from Practice and the director of the Environmental Law and Policy Program. His research and advocacy interests include criminal and civil enforcement of environmental laws, corporate crime, worker endangerment, and efforts to address global climate change.

Since joining the Michigan faculty in 2007, Prof. Uhlmann has published articles in the Michigan Law Review, the Harvard Environmental Law Review, the Stanford Environmental Law Journal, the Maryland Law Review, the Utah Law Review, the Michigan Journal of Environmental and Administrative Law, the Environmental Law Forum, The New York Times, and the American Constitution Society's Issue Briefs series. Prof. Uhlmann is leading the efforts of more than 120 Michigan Law students participating in the Environmental Crimes Project, which is the first comprehensive empirical study of criminal enforcement under U.S. pollution laws. Prof. Uhlmann also led the Green Gavels judicial accountability project, for which he was named a "Conservation Hero" by the Michigan League of Conservation Voters. Prof. Uhlmann has testified before Congress, appeared regularly on CNN, Frontline, NPR, and other national news programs, and lectured widely about environmental crime and sustainability issues. In 2013, Prof. Uhlmann was named by the University of Michigan as a Distinguished Faculty Fellow in Sustainability.

Prior to joining the faculty, Prof. Uhlmann served for 17 years at the U.S. Department of Justice, the last seven as chief of the Environmental Crimes Section, where he was the top environmental crimes prosecutor in the country. He led an office of approximately 40 prosecutors responsible for the prosecution of environmental and wildlife crimes nationwide. Prof. Uhlmann coordinated national legislative, policy, and training initiatives regarding criminal enforcement and chaired the Justice Department's Environmental Crimes Policy Committee. He also served as vice chair of the annual ABA Environmental Law Conference and was on the planning committee for the ALI-ABA Criminal Enforcement of Environmental Laws Seminar. His work as lead prosecutor in United States v. Elias was chronicled in the book The Cyanide Canary.

Prof. Uhlmann received a JD from Yale Law School and a BA in history with high honors from Swarthmore College. Following law school, he clerked for U.S. District Court Judge Marvin H. Shoob in Atlanta, Georgia.

Recent Publications


"Environmental Law, Public Health, and the Values Conundrum." Mich. J. Envtl & Admin. L. (Forthcoming).
Full Text: SSRN

​"Prosecutorial Discretion and Environmental Crime." Harv. Envtl. L. Rev. 38, no. 1 (2014): 159-216.
Full Text: SSRN

​"Deferred Prosecution and Non-Prosecution Agreements and the Erosion of Corporate Criminal Liability." Md L. Rev. 72, no. 4 (2013): 1295-1344.
Full Text: SSRN

Toward a Sustainable Future: An Environmental Agenda for the Second Term of the Obama Administration. American Constitutional Society for Law and Policy Issue Brief Series, Toward a More Perfect Union: A Progressive Blueprint for the Second Term; Univ. of Michigan Public Law & Legal Theory Research Paper Series, No. 304. 2013.
Full Text: SSRN | WWW

"The Quest for a Sustainable Future and the Dawn of a New Journal at Michigan Law." Mich. J. Envtl & Admin. L. 1, no. 1 (2012): 1-17.
Full Text: SSRN

"After the Spill is Gone: The Gulf of Mexico, Environmental Crime, and the Criminal Law." Mich. L. Rev. 109, no. 8 (2011): 1413-61.
Full Text: SSRN | WWW

"Crimes on the Gulf." Law Quad. Notes 53, no. 2 (2010): 31-2.

"Environmental Crime Comes of Age: The Evolution of Criminal Enforcement in the Environmental Regulatory Scheme." Utah L. Rev. 2009, no. 4 (2009): 1223-52.
Full Text: WWW

"Combating Global Climate Change: Why a Carbon Tax Is a Better Response to Global Warming Than Cap and Trade." Stan. Envtl. L.J. 28, no. 1 (2009): 3-50.
Full text: SSRN | Lexis | Westlaw

"Prosecuting Worker Endangerment: The Need for Stronger Criminal Penalties for Violations of the Occupational Safety and Health Act." Advance: J. ACS Issue Groups 3, no. 1 (2009): 191-201.
Full Text: WWW
Professor

Activities

Prsented "Environmental Regulation: A Tax Approach" at the Tax Research Center (OFC Osservatorio Fiscale e Contabile) of Bocconi Business School together with the Master in Green Management, Energy, and Corporate Social Responsibility program, Milan, Italy, June 2014.

Presented "The Expressive Function of Corporate Criminal Liability" at the Universita Cattolica del Sacro Cuore conference on Environmental Protection Through Law, Milan, Italy, June 2014.

Presented "Prosecutorial Discretion and Environmental Crime" at Universita Cattolica del Sacro Cuore, Milan, Italy, June 2014.

Presented "The Promise and the Peril of the Natural Gas Boom for U.S. Sustainability Efforts" during a University of Michigan Law School alumni event, Rome, Italy, June 2014.

Presented "Prosecutorial Discretion and Environmental Crime" at the American Law Institute's Criminal Enforcement of Environmental Laws Course of Study, Washington, D.C., June 2014.​

Presented "Combating Global Climate Change Reprised: The Continuing Case for a Carbon Tax" at the University of Michigan School of Natural Resources and Environment, March 2014. ​

Presented "Deferred Prosecution Agreements and the Erosion of Corporate Criminal Liability" to the American Constitution Society, University of Michigan Law School, March 2014. ​

Wrote a New York Times op-ed entitled "Prosecution Deferred, Justice Denied," December 2013.

Presented "Prosecutorial Discretion and Environmental Crime" to the Postdoctoral Fellows and Distinguished Faculty Fellows in Sustainability at the Graham Environmental Sustainability Institute, University of Michigan, October 2013.

Presented "Prosecutorial Discretion and Environmental Crime" at Harvard Law School, Cambridge, Massachusetts, October 2013.

Named a Distinguished Faculty Fellow in Sustainability by the University of Michigan's Graham Environmental Sustainability Institute, September 2013.

Moderated the "Environmental Protection and Public Health Values" panel discussion during the Environmental Law and Public Health Conference, University of Michigan Law School, September 2013.​

Moderated the question-and-answer session with keynote speaker and EPA Administrator Gina McCarthy during the Environmental Law and Public Health Conference, University of Michigan Law School, September 2013.​

Hosted the Environmental Law and Public Health Conference at the University of Michigan Law School, September 2013.​

Presented "The Michigan Environmental Crimes Project: An Empirical Study of Criminal Cases Investigated by the EPA" to the Environmental Law Institute, Washington, D.C., July 2013.

Presented "Environmental Law at the Crossroads: The Quest for a Sustainable Future," Osher Lifelong Learning Institute, Distinguished Lecture Series, University of Michigan, May 2013.

Participated in a panel discussion on "Deferred and Non-Prosecution Agreements" at the Corporate Crime Reporter Conference, "Neither Admit Nor Deny: Corporate Crime in the Era of Deferred Prosecutions, Consent Decrees, Whistleblowers and Monitors," Washington, D.C., May 2013.

Presented "Pathbreaking Sustainability Research: The Michigan Environmental Crimes Project" to the President's Advisory Group, University of Michigan, April 2013.

Presented "Toward a Sustainable Future: An Environmental Agenda for the Second Term of the Obama Administration" to the American Constitution Society and the Environmental Law Society, University of Michigan Law School, March 2013.

Presented "The Gulf Oil Spill After Three Years" to the Environmental Law Society, University of Michigan Law School, February 2013.

Inducted as a fellow of the American College of Environmental Lawyers at the group's annual meeting in Washington, D.C., October 2012.

Named a 2012 "Conservation Champion" by the Michigan League of Conservation Voters, October 2012.

Presented "The Michigan Environmental Crimes Project: An Empirical Study of Criminal Cases Investigated by the EPA" as part of the Faculty Colloquium Series at the University of Colorado Law School, October 2012.

Gave the keynote address at the ABA-ALI Clean Water Act conference, Washington, D.C., September 2012.

Presented "Enforcing Health, Safety, and Environmental Requirements" at the University of Maryland's Ward Kershaw Symposium, "Too Big to Jail: The Roadblocks to Regulatory Enforcement," September 2012.

Hosted "The 25th Annual Conference of the National Association of Environmental Law Societies, 25 Years Back, 25 Years Forward: Environmental Law at the Crossroads," University of Michigan Law School, March 2012.

Moderated "25 Years of Environmental Law" at the 25th Annual Conference of the National Association of Environmental Law Societies, University of Michigan Law School, March 2012.

Presented "The BP Blowout and the Pending Prosecution: Was It a Crime" at the 17th Annual Tulane Environmental Summit, Tulane Law School, New Orleans, Louisiana, March 2012.

Wrote a New York Times op-ed, "For 29 Dead Miners, No Justice," on December 9, 2011.

Presented "After the Spill Is Gone: The Gulf Oil Spill, Environmental Crime, and the Criminal Law" to the Osher Life Learning Institute, University of Michigan, December 2011.

Presented "Settling a Clean Air Act Case" and "Ethical and Professional Responsibility Issues in Clean Air Act Cases" during the ALI-ABA "Clean Air: Law, Policy, and Practice Course of Study" (co-sponsored by the Environmental Law Institute), Washington, D.C., December 2011.

Presented "A Gulf Oil Spill Enforcement Primer for Journalists” to the Knight-Wallace Scholars, University of Michigan, October 2011.

Presented "The New Environmental Landscape: Legislation, Regulation, and Enforcement Collide," ABA Section of Environment, Energy, and Resources Fall Meeting, October 2011.

Online discussion host, OVC (Office for Victims of Crime) Web Forum on "Responding to Victims of Environmental Crime," August 2011.

Presented "Government Policies and Their Impact on Energy Deals," Mayer Brown's Energy and Infrastructure Seminar, Chicago, May 5, 2011.

Panelist, "Gulf Oil Unplugged," University of Michigan Risk Science Center, April 2011.

Presented "After the Spill is Gone: The Gulf of Mexico, Environmental Crime, and the Criminal Law," Michigan Law School, April 2011.

Moderator, Michigan Telecommunications and Technology Law Review Symposium on "Green Technology and Economic Revitalization in Michigan," March 2011.

Presented "Global Climate Change and Public Nuisance Litigation" to the American Constitution Society and Federalist Society Supreme Court Preview, Ann Arbor, March 2011.

 
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