Brian E. Gray is a professor emeritus at the University of California, Hastings College of the Law, in San Francisco. He has taught courses on environmental law, water resources, federal public lands and natural resources, property, takings, and related subjects. Professor Gray is the author of numerous books and articles in these fields, including most recently: Paying for Water in California: The Legal Framework, 65 Hastings L.J. 101 (2014) (co-author); The Draft Bay-Delta Conservation Plan: Assessment of Environmental Performance and Governance, 20 West·Northwest 245 (2014) (co-author); and Fragmented Regulation of Multiple Stressors: A Cautionary Tale for Takings Law, 19 West·Northwest 341 (2013). With his colleague Blaine Bookey and colleagues at New York University, he is working on a report that will analyze the effects of proposed gold mining on Haiti's economy, environment, and communities.
Professor Gray has argued a variety of environmental and water resources cases before the California Supreme Court and the United States Court of Appeals for the Ninth Circuit. The subjects of these cases include the legality of the designation of five northern California rivers as components of the National Wild and Scenic Rivers system; the constitutionality of the Reclamation Reform Act of 1982; the relationship of the Central Valley Project Improvement Act of 1992 to NEPA and other laws; and the legality of CALFED’s 2000 decision to promote the export of water from the Delta without analysis of the constraints on such exports imposed by the laws that protect water quality and endangered species. He also has appeared before the Ninth Circuit, the California Supreme Court, and other courts as amicus curiae on questions of property, water rights, and intellectual property law. Professor Gray was an expert witness in the Pacific Gas & Electric Company bankruptcy proceedings in San Francisco on the question of the application of federal, state, and local environmental laws to the reorganized debtor. He also served as an expert on property law in the litigation to establish title to Barry Bonds’ 73rd home run baseball and appeared in "Up For Grabs," an award wining documentary film about the case.
Professor Gray currently is working on a series of interdisciplinary studies of California water policy with scientists, economists, and public policy specialists from the University of California, Stanford, and the Public Policy Institute of California. The publications from this project include California Water Myths (2009), Managing California’s Water: From Conflict to Reconciliation (2011), Water and the California Economy (2012), Where the Wild Things Aren’t: Making the Delta a Better Place for Native Species (2012), Stress Relief: Prescriptions for a Healthier Delta Ecosystem (2013), Integrated Management of Delta Stressors: Institutional and Legal Options (2013), and Paying for Water in California (2014).
Professor Gray has served on the Science Advisory Committee to the Delta Vision Task Force. He also was the principal author of “A Model Water Transfer Act for California,” portions of which were enacted into law. In addition, Professor Gray has served as a consultant to the Regional Council of Rural Counties on water law and legislation, the California Business Roundtable on water transfer policy, the City and County of San Francisco in the Bay-Delta proceedings, the State of Missouri on interstate water litigation, the United States Environmental Protection Agency on Bay-Delta restoration, the San Joaquin Valley Drainage Program on water rights issues, the Senate Energy and Natural Resources Committee on the constitutionality of the Central Valley Project Improvement Act, and the California Law Revision Commission on the proposed consolidation of California’s environmental laws.
Professor Gray has served as an after school tutor and president of the board of directors of 826 Valencia, a nonprofit organization that provides after school tutoring, in-school assistance, and other educational services to students in the San Francisco schools. Professor Gray also has been a member of the board of directors of 826 National. In addition, he is a past chair of the board of the Natural Heritage Institute, a San Francisco nonprofit organization that specializes in the restoration and management of aquatic ecosystems, and of the Committee on the Environment of the State Bar of California. Professor Gray also has served on the board of directors of the Berkeley Law Foundation.
Professor Gray is a recipient of the William Rutter Award for Excellence in Teaching, the Hastings Outstanding Teacher Award and the Nature Conservancy's Volunteer Service Award. During the 1999-2000 academic year, Professor Gray held the Harry and Lillian Hastings Research Professorship.
B.A., cum laude, in economics, 1976, Pomona College.
J.D., 1979, University of California, Berkeley.
Professor Gray is married and has two children. He enjoys cycling, hiking, skiing, kayaking, reading (Haruki Murakami, Chimamanda Ngozi Adichie, and Javier Marías are among his current favorites), and watching Arsenal football.