William J. Lockhart
Professor Emeritus of Law
Professor Lockhart received his J.D. from the University of Minnesota law school in 1961, serving as President and Editor in Chief of the Minnesota Law Review. After practicing in Minneapolis, he joined the Utah faculty in 1964. As Consultant to the Administrative Conference of the U.S. (1970-73), and in consultation with Professor Kenneth Culp Davis, he conducted a detailed case study on exercise of prosecutorial discretion by the Food and Drug Administration and U.S. Justice Department. As Acting U.S. Attorney for Utah (1974-75), he administered President Ford's Clemency Program for Vietnam draft evaders. Subsequent scholarship focused on protection of national parks and public lands, and on litigation and consultation with public interest groups on environmental issues. Fulbright grants in 2000 and 2004 to study protection of national parks and wildlife refuges in India led to concentration on environmental protection and protected areas in India, focusing on consequences of Third World development projects promoted by multi-national corporations and international funding agencies. Most recently he conducted an "International Environmental Practicum," working with students in preparing litigation handled by cooperating attorneys in India.
His teaching has concentrated on administrative and constitutional law, public lands and natural resources and related environmental impact process. His 2010 courses include a Fall seminar on Advanced Issues in Administrative Law and a Spring 2011 course in International Environmental Law.
Scholarship Highlights
Books
Park Waters In Peril, co-authored with Terri Martin (Nat'l Parks & Conservation Ass'n 1993)
India's 2006 Environmental Impact Analysis and Clearance Regulations: A Comprehensive Summary and Analysis (Final editing stage)
Book Chapters
Introductory Chapter in India's 2006 Environmental Impact Assessment and Clearance Regulations: A Comprehensive Analysis and Critique (2007)
"Faithful Execution" of the Laws Governing Greater Yellowstone: Whose Law? Whose Priorities?, in The Greater Yellowstone Ecosystem, Redefining America's Wilderness Heritage (Robert B. Keiter & Mark S. Boyce eds., Yale Univ. Press 1994)
External Park Threats and Interior's Limits: The Need for an Independent Park Service, in Our Common Lands, (Simon ed., Nat'l Parks & Conservation Ass'n 1988)
Articles
The Environmental Impact Assessment Process in India: Perspective, Framework, Details and Prospects (forthcoming, 2010)
Institutional Civil Disobedience vs. The Rule of Law, in the Journal of the Environmental Resource & Response Center, ERC Journal Vol. III (New Delhi, August 2009). (With students in his International Environmental Practicum class..)
Outline and Analysis of the "Re-Engineered" EIA and Environmental Clearance Process As Promulgated By India's Ministry of Environment (forthcoming, 2010)
Institutional Civil Disobedience vs. The Rule of Law, ERC Journal, New Delhi India (August 2009)
New Nonimpairment Policy Projected for the National Park System, 30 Envtl. L. Rep. 10704 (2000)
External Threats to Our National Parks: An Argument for Substantive Protection, 16 Stan. Envtl. L.J. 3 (1997)
Range of Management Options & Alternatives to Address Potential Park and Ecosystem Impacts, 15 J. Energy Nat. Resources & Envtl. L. 305 (1995)
Federal Statutory Grants Are Not Placeholders for Manipulated State Law: A Response to Ms. Hjelle, 14 J. Energy Nat. Resources & Envtl. L. 323 (1994)
Irrational But Not Arbitrary: Should Reviewing Courts Draw So Fine a Line?, 1979 Utah L. Rev. 649
Discretionary Clemency: Mercy at the Prosecutors' Option, 1976 Utah L. Rev. 55
Selected Talks and Presentations
Fulbright "Vidvatva" Lecture Series presented by Senior Fulbright Scholars, Indian Habitat Center, New Delhi, India, Nov. 2004
Environmental Law Center Presentation, World Wildlife Fund, New Delhi, India, Oct. 2004
Indian EIA Law and Related Issues, Swastigram, Haridwar/Dehra Dun, India, Sept. 2004
Indian EIA Process and Comparisons with Key Aspects of the U.S. System, Center for Law & Governance, Jawaharlal Nehru University, New Delhi, India, Oct. 2004
BLM Land Planning and Consistency Obligations to Provide for Protection of Natural Values on Adjacent Protected Lands, Natural Resources Law Center, University of Colorado School of Law, Boulder, Colorado, June 1987
Honors & Awards
Fulbright Indo-American Environmental Leadership Program Research Grant, Sept.-Dec. 2004
Fulbright Research Scholar for study of legal authorities governing protection of India’s national parks, wildlife sanctuaries, and other protected areas, 2000-2001
Distinguished Service Award, Energy, Natural Resources and Environmental Law Section, Utah State Bar Association, Oct. 1998
Wildlands Preservation Award, Southern Utah Wilderness Alliance, 1989
Special Projects
Introductory Comments on Effective and Ineffective Environmental Impact Analysis – the United States and India, Environmental Justice Initiative, New Delhi, India, Sept. 2004
Comments Critiquing Draft Notification of Environmental Clearance Program promulgated by India Ministry of Environment & Forests, submitted to India Ministry of Environment & Forests, Sept. 2005