Orlando E. Delogu
Professor of Law, Emeritus

Orlando E. Delogu

B.S., University of Utah
M.S., J.D., University of Wisconsin

Office Phone: (207) 780-4368
orlando.delogu@maine.edu

Professor Delogu has a long record of public service. He has chaired the Portland Planning Board and been a member of that body for five years; he has been a member of the Portland City Council; he served for five years on Maine's Board of Environmental Protection; and he has Chaired the Association of American Law Schools' Environmental Law Section. In 1973 he spent a year in Bonn, Germany dealing with environmental issues and in 1991, at the request of the U.S. State Department, he assisted the Thai Government in the development of approaches to environmental problems they were experiencing. Professor Delogu has frequently appeared before Congressional committees and before Maine legislative committees; he has served on Maine legislative, and Governor's task forces, and he has spoken countless times at conferences in Maine, in other parts of the nation, and abroad on environmental and land use issues.

Professor Delogu has participated in a number of test cases dealing with environmental and land use issues as well as cases testing the limits of governmental tax and spending power. He has published articles on these subjects in over a dozen law reviews; has co-authored a two-volume treatise for practicing attorneys entitled Federal Environmental Regulation and in 1998 published the 2nd edition of Maine Land Use Law, a volume used in the classroom as well as by Maine lawyers and planners addressing these issues.

Professor Delogu particularly enjoys bringing this diverse array of background experience into the classroom. He has taught for periods of time ranging from a few weeks to as long as a semester at law schools in Ireland, England, and France. At Maine he has taught the basic Property Law course as well as courses dealing with land use, environmental, administrative, and state-local government law. He has also developed a course in medical-legal law that explores a current range of ethical, economic, and policy issues confronting law and medicine. He has taught legal process and constitutional law in the Muskie School's graduate public policy program.

Professor Delogu is a regular contributor on land use, environmental and state tax issues to the Maine Lawyers Review—over 30 pieces have been published in the last five years. He recently completed a major section of a report on Planning and Land Use Control Regulatory Statutes in the New England States undertaken by the Muskie Institute for the New England Regional Office of the EPA. The section was titled: Omnibus Model State-Level Land Use Control Legislation; it consists of 10 pieces of legislation designed to modernize, broaden, and/or deal with approaches to land use regulation not currently being used in Maine or other New England states. The commentaries and footnotes accompanying these materials have been expanded with two co-authors Phil Saucier and Sam Merrill and now appear in Volume 56 of the Maine Law Review. Also completed is a critical analysis of the U.S. Supreme Court's recent 5-4 decision in Kelo v. City of New London, see Volume 58 of the Maine Law Review. The case is very significant; it undermines both the concept and substance of private property rights; it has generated a national debate. Beyond criticism, the article lays out where we ought to be going in this area of takings law, and how we might set about getting there. Finally, Professor Delogu was also one of twenty-one invited scholars and authors asked to prepare a chapter in Professor Richard Barringer's revised volume Changing Maine 1960-2010 (September, 2004). Professor Delogu's chapter deals with Maine's environmental law, policies, and factors contributing to our successes and failures. It also lays out some of the environmental problems that continue to face the state that must be addressed in the near future.

Professor Delogu is one of seven founding members of the Maine Civil Liberties Union and has served as that organization's President, and on the national board of the ACLU. He has lived in Portland and taught at the Law School for over 40 years; he is married and has four children, all of whom are married with families of their own; unfortunately, they are scattered far and wide- from France to Seattle; many (five, including spouses) are also academics.

Publications

Books

  • Water Law in Southeastern Wisconsin, Tech. Rep. No. 2, SEWRPC, Waukesha, Wisconsin (with J. H. Beuscher, 1966)
  • Planning Law in Southeastern Wisconsin, Tech. Rep, No. 6, SEWRPC, Waukesha, Wisconsin (with J. H. Beuscher, 1966)
  • Federal Environmental Law, 2 Volumes, Butterworths, (with John H. Davidson, 1989) (Supp. 1991, 1992, 1994)
  • Maine Land Use and Zoning Control: Case Law Perspectives on Planning and Growth, Butterworths (1992);  2nd ed., (re-titled) Maine Land Use Control Law: Cases, Notes, & Comments, Tower Publishing Co. (1997); a 3rd ed. (in progress) will be published in 2007

Articles

  • Effluent Charges: A Method of Enforcing Stream Standards, 19 Maine L. Rev. 29 (1967)
  • Planning and Law in Maine, Part I, Private Property and Public Regulation in Maine, Univ. of Maine Agricultural Experiment Station, (with D. D. Gregory, 1967)
  • Planning and Law in Maine, Part II, Powers and Devices for Controlling Land Use, Univ. of Maine Agricultural Experiment Station, (with D. D. Gregory, 1967)
  • Beyond Enabling Legislation, 20 Maine L. Rev. 1 (1968)
  • Suggested Revisions in Maine's Planning and Land Use Control Enabling Legislation, 20 Maine L. Rev. 175 (1968)
  • The Power to Tax as a Land Use Control Device, 45 Denver L. Journal 279 (1968)
  • Suggested Revisions in Maine's Planning and Land Use Control Enabling Legislation—Part II, 21 Maine L. Rev. 150 (1969)
  • Legal Aspects of Air Pollution Control and Proposed State Legislation for Such Control, 1969 Wis. L. Rev. 885
  • Land Use Control Principles Applied to Offshore Coastal Waters, 59 Kentucky L. J. 606 (1971)
  • A State Approach to Effluent Charge, 23 Maine L. Rev. 280 (1971)
  • Metropolitan Water Institutions: Legal and Governmental Structures for Water Management in Metropolitan Areas, National Water Commission, (Gov. Printing Office P.B. 204-051, 1971)
  • NEPA—Not As Much As Many Wanted—More Than Many Bargained For—All We Are Likely To Get, 26 ASPO Land Use Law & Zoning Digest, No. 2 (1974)
  • United States Experience with the Preparation and Analysis of Environmental Impact Statements: The National Environmental Policy Act, IUCN Environmental Policy and Law Paper No. 7 (1974)
  • Fiscal Measures for Environmental Protection, Two Divergent Views: Tax Policy and Environmental Objectives, IUCN Environmental Policy and Law Paper No. 11 (1976)
  • The Misuse of Land Use Control Powers Must End: Suggestions for Legislative and Judicial Responses, 32 Maine L. Rev. 29 (1980)
  • A Final Note on the Misuse of Land Use Control Powers, 32 Maine L. Rev. 311 (1980)
  • The Dilemma of Local Land Use Control: Power Without Responsibility, 33 Maine L. Rev. 15 (1981)
  • Local Land Use Controls: An Idea Whose Time Has Passed, 36 Maine L. Rev. 261 (1984)
  • Rethinking Zoning, 38 APA Land Use Law & Zoning Digest, No. 3 (1986)
  • A Comprehensive State and Local Government Land Use Control Strategy to Preserve the Nation's Farmland is Unnecessary and Unwise, 34 Kansas L. Rev. 519 (1986)
  • Land Use and Vested Rights: Mixed Law and Policy Issues, 41 APA Land Use Law & Zoning Digest, No. 1(1989)
  • Intellectual Indifference—Intellectual Dishonesty: The Colonial Ordinance, The Equal Footing Doctrine, and the Maine Law Court, 42 Maine L. Rev. 43 (1990)
  • A Tribute to a Colleague Who Has Endured, 42 Maine L. Rev. 278 (1990)
  • "NIMBY" is a National Environmental Problem, 35 So. Dak. L. Rev. 198 (1990)
  • Waters and Water Rights, State Surveys, Maine, Vol. 6 at 181 (7 Volumes, R. Beck editor, 1991)
  • Citizen Suits To Protect The Environment: The U.S. Experience May Suggest A Canadian Model, 41 Univ. of New Brunswick L. J. 124 (1992)
  • An Argument To The State of Maine, The Town Of Wells, And Other Maine Towns Similarly Situated–Buy the Foreshore—Now, 45 Maine L. Rev. 243 (1993)
  • Academic Tenure: A Millstone Around All Our Necks, 6 The Maine Scholar 115 (1993)
  • Justice Edward Godfrey and the Public Purpose Decision 47 Maine L. Rev. 275 (1995)
  • The Long-Standing Requirement That Delegations of Land Use Control Power Contain "Meaningful" Standards To Restrain and Guide Decision-Makers Should Not Be Weakened, 48 Maine L. Rev. 49 (1996) (with Susan E. Spokes)
  • The Law of Taking Elsewhere And One Suspects in Maine, 52 Maine L. Rev. 323 (2000)
  • Eaton v. Town of Wells: A Critical Comment, 6 Ocean & Coastal L. J. 225 (2001)
  • Some Model Amendments to Maine (and other States') Land Use Control Legislation, 56 Maine L. Rev 323 (2004)(with Phillip R. Saucier and Sam Merrill)
  • Changing Maine:1960-2010 edited and with a forward by Richard Barringer, prepared chapter – 50 Years of Environmental Law in Maine: A Long Look at the Past—A Peek at the Future (published by Tilbury Press, 2004)
  • Kelo et al. v. City of New London – Wrongly Decided, and A Missed Opportunity for Principled Line Drawing With Respect to the 5th Amendment's Taking Clause, 58 Me. L. Rev. 18 (2006)
  • Funding the Judicial Department at a Level the Supreme Judicial Court Deems "Essential to its Existence and Functioning as a Court" is Required by Doctrines of Comity and Duties Imposed by Maine's Constitution, 62 Me. L. Rev. 454 (2010)
  • Friend of the Court: An Array of Arguments to Urge Reconsideration of the Moody Beach Cases and Expand Public Use Rights in Maine's Intertidal Zone, 16 Ocean & Coastal L. J. 47 (2010)