Orlando E. Delogu

Orlando Delogu, one of the founders of the Maine Civil Liberties Union, has a long and distinguished record of teaching and public service. He has lived in Portland and taught at Maine Law for nearly 50 years, and has been deeply involved in policy issues, from the local to the international level.

In 2013, Professor Delogu was awarded the annual Justice Louis Scolnik Award by the ACLU of Maine (formerly the Maine Civil Liberties Union). The award honors members of the legal community for their commitment to protecting civil liberties. At Maine Law, Professor Delogu has taught the Property Law course as well as courses dealing with land use, environmental, administrative, state-local government law, and medical-legal law. He has taught legal process and constitutional law to graduate students in the Muskie School of Public Service at the University of Southern Maine. Professor Delogu has also taught at law schools in Ireland, England, and France.

A prolific writer, Professor Delogu has published dozens of law review articles, books, and newspaper columns in the areas of land use, environmental law, and state and local tax policy. In the realm of public service, Professor Delogu has been a member and chair of the Portland Planning Board; member of the Portland City Council; member on Maine’s Board of Environmental Protection; and chair of the Association of American Law Schools’ Environmental Law Section. He has consulted on environmental issues in Germany, and in Thailand, at the request of the U.S. State Department.

Selected Publications

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). [PDF]

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). [PDF]

Kelo v. City of New London – Wrongly Decided and a Missed Opportunity For Principled Line Drawing with Respect to Eminent Domain Takings, 58 ME. L. REV. 18 (2006). [PDF]

50 Years of Environmental Law in Maine: A Long Look at the Past—A Peek at the Future, in CHANGING MAINE: 1960-2010 (Richard Barringer ed., Tilbury House 2004).

MAINE LAND USE AND ZONING CONTROL: CASE LAW PERSPECTIVES ON PLANNING AND GROWTH (Butterworth Legal Pub., 2d ed. 1992) (re-titled MAINE LAND USE CONTROL LAW: CASE, NOTES & COMMENTS (Tower Pub., 2d. ed. 1997)). [Tower Pub.]

Additional Publications

Some Model Amendments to Maine (and other States’) Land Use Control Legislation, 56 ME. L. REV. 323 (2004) (with Phillip R. Saucier and Samuel B. Merrill). [PDF]

Eaton v. Town of Wells: A Critical Comment, 6 OCEAN & COASTAL L.J. 225 (2001). [PDF]

The Law of Taking Elsewhere And One Suspects in Maine, 52 ME. L. REV. 323 (2000). [PDF]

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 ME. L. REV. 49 (1996) (with Susan E. Spokes). [PDF]

Justice Edward Godfrey and the Public Purpose Decision, 47 ME. L. REV. 275 (1995). [PDF]

1-2 FEDERAL ENVIRONMENTAL LAW (Butterworth Legal Pub. 1989 & Supp. 1991, 1992, 1994) (with John H. Davidson).

Academic Tenure: A Millstone Around All Our Necks, 6 ME. SCHOLAR 115 (1993).

An Argument To The State of Maine, The Town Of Wells, And Other Maine Towns Similarly Situated–Buy the Foreshore—Now, 45 ME. L. REV. 243 (1993). [PDF]

Citizen Suits To Protect The Environment: The U.S. Experience May Suggest A Canadian Model, 41 U.N.B.L.J. 124 (1992). [HeinOnline]

State Surveys: Maine, in 6 WATERS AND WATER RIGHTS 181 (R. Beck ed., LexisNexis 1991).

“NIMBY” is a National Environmental Problem, 35 S.D. L. REV. 198 (1990). [HeinOnline]

A Tribute to a Colleague Who Has Endured, 42 ME. L. REV. 278 (1990). [PDF]

Intellectual Indifference—Intellectual Dishonesty: The Colonial Ordinance, The Equal Footing Doctrine, and the Maine Law Court, 42 ME. L. REV. 43 (1990). [PDF]

Land Use and Vested Rights: Mixed Law and Policy Issues, 41 LAW USE L. & & PLANNING DIG., Jan. 1989, at 3.

A Comprehensive State and Local Government Land Use Control Strategy to Preserve the Nation’s Farmland is Unnecessary and Unwise, 34 U. KAN. L. REV. 519 (1986). [HeinOnline]

Rethinking Zoning, 38 LAND USE L. & ZONING DIG., Mar. 1986, at 3.

Local Land Use Controls: An Idea Whose Time Has Passed, 36 ME. L. REV. 261 (1984). [PDF]

The Dilemma of Local Land Use Control: Power Without Responsibility, 33 ME. L. REV. 15 (1981). [PDF]

The Misuse of Land Use Control Powers Must End: Suggestions for Legislative and Judicial Responses, 32 ME. L. REV. 29 (1980). [PDF]

A Final Note on the Misuse of Land Use Control Powers: Suggestions for Legislative and Judicial Response, 32 ME. L. REV. 311 (1980). [PDF]

Fiscal Measures for Environmental Protection, Two Divergent Views: Tax Policy and Environmental Objectives (IUCN Envtl. Pol’y & L., Paper No. 11, 1976). [IUCN]

United States Experience with the Preparation and Analysis of Environmental Impact Statements: The National Environmental Policy Act (IUCN Envt’l Pcy and Law, Paper, No. 7, 1974). [IUCN]

NEPA: Not as Much as Many Wanted; More than Many Bargained For. . . . All We’re Likely to Get, 26 LAND USE L. & ZONING DIG, Feb. 1974, at 5.

Metropolitan Water Institutions: Legal and Governmental Structures for Water Management in Metropolitan Areas, Nat’l Water Comm’n (Gov. Printing Office P.B. 204-051, 1971).

A State Approach to Effluent Charge, 23 ME. L. REV. 280 (1971). [PDF]

Land Use Control Principles Applied to Offshore Coastal Waters, 59 KY. L.J. 606 (1971). [HeinOnline]

Legal Aspects of Air Pollution Control and Proposed State Legislation for Such Control, 1969 WIS. L. REV. 884 (1969). [HeinOnline]

Suggested Revisions in Maine’s Planning and Land Use Control Enabling Legislation—Part II, 21 ME. L. REV. 150 (1969). [PDF]

Taxing Power as a Land Use Control Device, 45 DENV. L.J. 279 (1968). [HeinOnline]

Suggested Revisions in Maine’s Planning and Land Use Control Enabling Legislation, 20 ME. L. REV. 175 (1968). [PDF]

Beyond Enabling Legislation, 20 ME. L. REV. 1 (1968). [PDF]

Part II, Powers and Devices for Controlling Land Use, in PLANNING AND LAW IN MAINE (Univ. of Me., Me. Agric. Experiment Station 1967) (with D. D. Gregory).

Part I, Private Property and Public Regulation in Maine, in PLANNING AND LAW IN MAINE (Univ. of Me., Me. Agric. Experiment Station 1967) (with D. D. Gregory).

Effluent Charges: A Method of Enforcing Stream Standards, 19 ME. L. REV. 29 (1967). [PDF]

Planning Law in Southeastern Wisconsin (Tech. Rep, No. 6, SEWRPC, Waukesha, Wis., 1966) (with J. H. Beuscher).

Water Law in Southeastern Wisconsin (Tech. Rep. No. 2, SEWRPC, Waukesha, Wis., 1966) (with J. H. Beuscher).