Dave Owen

Professor Owen is the Associate Dean for Research.  He teaches courses in environmental law, natural resources law, water law, and administrative law. He is also a faculty member of Maine’s Sustainability Solutions Initiative. Professor Owen is the faculty advisor to the Maine Law Review and serves on the Board of Directors of the Maine Bar Foundation.

Professor Owen’s current research interests include dam removals and hydropower management, Endangered Species Act implementation, groundwater regulation, and legal responses to the water quality impacts of urbanization. His research generally focuses on water resource management, legal responses to environmental uncertainty and change, and the intersection of environmental science and environmental law. Professor Owen’s articles have been selected for several honors, including reprinting in the Environmental Law and Policy Annual Review and the Land Use and Environmental Law Review and presentation at the Yale-Stanford Junior Faculty Forum. He also is a regular contributor to the Environmental Law Prof Blog.

Prior to joining the Maine Law faculty in 2007, Professor Owen practiced with a small San Francisco firm specializing in environmental, land use, and water law, and he clerked for Judge Samuel Conti of the United States District Court for the Northern District of California. Before attending law school, Professor Owen worked as a geologist and environmental auditor with an environmental consulting firm.

Selected Publications

Trading Dams, 48 U.C. DAVIS L. REV. (forthcoming 2015) (with Colin Apse). [SSRN]

Interdisciplinary Research and Environmental Law, 41 ECOLOGY L.Q. (forthcoming 2015)  (with Caroline Noblet). [SSRN]

Taking Groundwater, 91 WASH. U. L. REV. (2013). [SSRN]

Mapping, Modeling, and the Fragmentation of Environmental Law, 2013 UTAH L. REV.  [SSRN]

Critical Habitat and the Challenge of Regulating Small Harms, 64 FLA. L. REV. 141 (2012), reprinted in ENVTL L. & POL’Y ANNUAL REV. (2013). [SSRN]

The Mono Lake Case, the Public Trust Doctrine, and the Administrative State, 45 U.C. DAVIS. L. REV. 1099 (2012). [SSRN]

Urbanization, Water Quality, and the Regulated Landscape, 82 U. COLO. L. REV. 431 (2011). [SSRN]

Additional Publications

The Endangered Species Act, in GLOBAL CLIMATE CHANGE AND U.S. LAW (Michael B. Gerrard & Jody Freeman eds.) (2013) [SSRN]

Alternative Futures Modeling in Maine’s Penobscot River Watershed: Forging a Regional Identity for River Restoration, (Lincoln Inst. for Land Pol’y, Working Paper No. WP12RL1) (co-written with Robert J. Lilieholm, Christopher S. Cronan, Michelle L. Johnson, & Spencer R. Meyer) (2012) [PDF]

Sea Level Rise and the Endangered Species Act, 73 LA. L. REV. 119 (2012). [SSRN]

Collaboration, Clean Water Act Residual Designation Authority, and Collective Permitting: A Case Study of Long Creek, WATERSHED SCI. BULL. 25 (2010) (co-written with Curtis Bohlen, Peter Glaser, Zach Henderson, and Christopher Kilian). [PDF]

Legal Constraints, Environmental Variability, and the Limits of Innovative Environmental Governance, 12 ENVTL. SCI. & POL’Y 684 (2009). [SCIENCE DIRECT]

Probabilities, Planning Failures, and Environmental Law, 84 TUL. L. REV. 265 (2009). [SSRN]

Climate Change and Environmental Assessment Law, 33 COLUM. J. ENVTL. L. 57 (2008). [SSRN]

Law, Environmental Dynamism, Reliability: The Rise and Fall of CALFED, 37 ENVTL. L. 1145 (2007). [SSRN]

Technocracy And Democracy: Conflicts Between Models and Participation in Environmental Law and Planning, 56 Hastings L.J. 901 (2005) (co-written with James D. Fine). [SSRN]

The Disappointing History of the National Marine Sanctuaries Act, 11 N.Y.U. ENVTL. L.J. 711 (2003).  [SSRN]

Prescriptive Laws, Uncertain Science, and Political Stories: Forest Management in the Sierra Nevada, 29 ECOLOGY L.Q. 747 (2002) [SSRN]

Note, Gibbs v. Babbitt, 28 ECOLOGY L.Q. 377 (2001)