David L. Markell

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David Markell

David L. Markell

Position
Steven M. Goldstein Professor
Contact Information

Florida State University
College of Law
Advocacy Center, Room A227E
Tallahassee, FL 32306-1601 
Phone: 850.644.7692
Fax: 850.644.7282
dmarkell@law.fsu.edu

Education

J.D., University of Virginia, 1979
B.A. Brandeis University, 1975

David Markell, Steven M. Goldstein Professor of Law, teaches and writes in the areas of Administrative Law and Environmental Law. Markell has published six books and more than 50 articles and book chapters on topics including climate change, compliance and enforcement, and North American environmental law and policy. One of his books was cited as "the most outstanding work of legal scholarship in the field" of administrative law and earned the annual ABA Section of Administrative Law and Regulatory Practice Award for Scholarship. Since 2000, four of his articles have been selected by peers as among the best law review articles in the field of environmental law. Three other articles have been selected as finalists for this honor.

Over the course of his career, Markell has served as the David Sive Visiting Scholar at Columbia Law School, and as a visiting professor at the University of Virginia School of Law, Lewis & Clark College of Law, Melbourne Law School (Australia), and IDC Herzliya Radzyner Law School (Israel).

Markell’s extensive government experience includes service with the NAFTA Environmental Commission, the United States Department of Justice's Environmental Enforcement Section, U.S. EPA Region 1, and the New York State Department of Environmental Conservation (as acting deputy commissioner of the Office of Environmental Remediation and as director of the Division of Environmental Enforcement). Markell also has served as a member of the U.S. EPA National Advisory Committee, as an external advisor to the Government of Canada’s Office of the Auditor General, and as a mediator and expert witness.

Markell has served as the FSU College of Law Associate Dean for Academic Affairs (2007-2008), Associate Dean for Environmental Programs (2012-2015), and Associate Dean for Research (2016-2018). He is a recipient of the FSU University Graduate Teaching Award (2016-2017).

Select Recent Publications

ENVIRONMENTAL PROTECTION: LAW AND POLICY (with  Dan Bodansky, William W. Buzbee, Robert L. Glicksman, Emily Hammond  & Daniel R. Mandelker), Aspen Law & Business, 8th edition (2019)

COMPLIANCE AND ENFORCEMENT OF ENVIRONMENTAL LAW (co-editor with Paddock & Bryner) (Edward Elgar Publishing Limited 2017)

An Empirical Assessment of Agency Mechanism Choice (with Robert Glicksman & Justin Sevier), 71 Ala. L. Rev. __ (forthcoming 2020)

Unraveling the Administrative State: Mechanism Choice Key Actors, and Regulatory Tools (with Robert L. Glicksman), 36 Va. Envtl. L.J. 318 (2018)

Can Non-statutory Federal Climate Litigation Drive Federal Climate Policy?, 49 Trends (Nov/Dec. 2017) (ABA Section of Environment, Energy, and Resources)

An Introduction to Compliance and Enforcement (with L. Paddock & R. Glicksman), in Compliance and Enforcement of Environmental Law (co-editor with Paddock & Bryner) (Edward Elgar Publishing Limited 2017)

Civil Remedies (with E. Hammond), in Global Climate Change and U.S. Law (Michael B. Gerrard, editor) (2d ed., American Bar Association 2014)

Agency Motivations in Exercising Discretion, 32 J. Land Use & Envtl. L. 513 (2017)

Technological Innovation, Data Analytics, and Environmental Enforcement, (with Robert L. Glicksman & Claire Monteleoni), 44 Ecol. L. Q. 41 (2017)

Emerging Legal and Institutional Responses to Sea-Level Rise in Florida and Beyond, 42 Colum. J. Envtl. L. 1 (2016)

Dynamic Governance in Theory and Application, Part I (with Robert L. Glicksman), 58 Ariz. L. Rev. 563 (2016)

EPA Next Generation Compliance, 30 Nat. Resources & Environment 22 (American Bar Association Winter 2016)

A Holistic View of Agency Enforcement (with Rob Glicksman), 93 N.C. L. Rev. 1 (2014)

EPA Enforcement: A Heightened Emphasis on Mitigation Relief, 45 Trends 13 (March/April 2014) (ABA Section of Environment, Energy, and Resources)