Jeffrey M. Gaba

Headshot of Jeffrey M. Gaba, emeritus faculty member at SMU Dedman School of Law.

Professor Emeritus of Law

Emeritus faculty

Email

jgaba@smu.edu

Dean Gaba specializes in environmental law. In law school, Dean Gaba was notes and comments editor of the Columbia Journal of Environmental Law. Following law school, he was a law clerk to Chief Justice Edward Pringle of the Colorado Supreme Court. Prior to joining the faculty at SMU he was an attorney with the Environmental Defense Fund and with the Office of General Counsel of the U.S. Environmental Protection Agency. Dean Gaba has published numerous articles on environmental law and is the author of ENVIRONMENTAL LAW (West Black Letter Series) and co-author of the treatise THE LAW OF SOLID WASTE, POLLUTION PREVENTION AND RECYCLING.  He is an editor of the West casebook THE LAW OF TOXIC SUBSTANCES AND HAZARDOUS WASTE.

Area of expertise

  • Administrative Law
  • Environmental Law
  • Property Law

Education

B.A., University of California, Santa Barbara
J.D., Columbia University
M.P.H., Harvard University

Courses

Property
Environmental Law
Advanced Environmental Law Seminar

Books

THE REGULATION OF TOXIC SUBSTANCES AND HAZARDOUS WASTE:  CASES AND MATERIALS (Foundation Press 3d ed. 2018) (with Teacher's Manual) (with John  S. Applegate, Jan G. Laitos & Noah M.. Sachs)

GABA'S BLACK LETTER OUTLINE ON ENVIRONMENTAL LAW (West Academic 5th ed. 2016)

GABA'S TEXAS ENVIRONMENTAL LAW STATUTES ANNOTATED (Thomson Reuters 2017)

THE LAW OF SOLID WASTE, POLLUTION PREVENTION AND RECYCLING (Thomas Reuters 2017) (updated annually) (with Donald W. Stever)

Articles

The Private Causes of Action under CERCLA:  Navigating the Intersection of Sections 107(A) and 113(F), 5 Michigan Journal of Environmental & Administrative Law 117 (2015)

Exporting Waste: Regulation of the Export of Wastes under the Resource Conservation and Recovery Act, 35 William & Mary Environmental Law & Policy Review 405 (2012)

Copyrighting Shakespeare: Jacob Tonson, Eighteenth Century English Copyright, and the Birth of Shakespeare Scholarship, 19 Journal of Intellectual Property Law 21 (2011)

Rethinking Recycling, 38 Environmental Law 1053 (2008)

Generally Illegal: NPDES General Permits under the Clean Water Act, 31 Harvard Environmental Law Review 409 (2007); reprinted in Land Use and Environmental Law Review Annual 2008-2009

John Locke and the Meaning of the Takings Clause, 72 Missouri Law Review 525 (2007)

Taking “Justice and Fairness” Seriously: Distributive Justice and the Takings Clause, 40 Creighton Law Review 569 (2007)

New Sources, New Growth and the Clean Water Act, 55 Alabama Law Review 651-693 (2004)

We Do Not Hold the Earth in Trust, 33 Environmental Law Reporter 10325-10331 (Spring 2003)

South Camden and Environmental Justice:  Substance, Procedure and Politics, 31 Environmental Law Reporter 11073 (September 2001)

Regulation By Bootstrap:  Contingent Management of Hazardous Waste Under the Resource Conservation and Recovery Act, 18 Yale Journal of Regulation 83 (2001)

Designing a System of Environmental Laws:  Lessons from the U.S. Experience, Law Journal of Meiji Gakiun Law School, Tokyo, Japan (1997)

Book chapters

Waste, in Chemical Law Encyclopedia (Edward Elgar Publishing, forthcoming) (co-author)

Presentations

When "Takings" Happen to Good People:  The Ethical Concerns of Imposing the Costs of Government Regulation of the Few to Benefit the Many
Occasional Paper of the Maguire Center for Ethics and Public Responsibility
(2001)