Publications

  • “The Legal Case Against Japan’s Fukushima Wastewater Decision,” The Diplomat, May 21, 2021
  • “What is Happening with NEPA Regulations?”, Power Engineers’ Current, April 14, 2021
  • “The Next Surges Are Here: What Can American Governments Lawfully Do in Response to the Ongoing COVID-19 Pandemic?”, 42 Mitchell Hamline Law Journal of Public Policy and Practice 165, 2021
  • “What Can a Governor Do When the 2nd COVID-19 Surge Comes?” Northwestern University Law Review On Note, June 2020
  • “Can Governors Close Their Borders to Pandemic Risks?” Just Security, April 20, 2020
  • “No, Donald Trump Does Not Get to Decide When States Reopen,” Slate, April 14, 2020
  • “Novel coronavirus raises novel legal issues,” Portland Press Herald, April 12, 2020
  • “Kisor v Shulkin: Perspective on Deference to Agency Interpretation of Its Own Regulations”, ABA’s Administrative and Regulatory Law News, Spring 2019
  • “Uncomfortable Learning,” 2016
  • “Experiential Educating in the Classroom: An Administrative Law Practicum Meeting Student and Bar Needs,” Experiential Education in the Law School Curriculum, Chapter 12, Carolina Academic Press, 2017))
  • “Experiential Educating in the Classroom: Designing an Administrative Law Practicum Meeting New ABA Requirements and Student Needs,” 68 Maine Law Review 161, January 2016
  • “From Immersion with Farmers and Autoworkers to Refugees and Immigrants: 40 Years of Transformational Learning,” Putting the Local in Global Education: Transformative Learning Through Domestic Off-Campus Programs, Chapter 11, Stylus Press, May 2015
  • “The Seas Are Changing: It’s Time to Use Ocean-Based Renewable Energy, the Public Trust Doctrine, and a Green Thumb to Protect Seas from Our Changing Climate”, 19 Ocean and Coastal Law Journal 241-96, 2014
  • “Hubris Games: Analyzing Success and Failure of Large-scale Energy Projects,” Book Review, Energy Research and Social Science, Issue 1, Spring 2014
  • “In the Public Trust: Climate Changed Sea Levels and Ocean Wind Power,” 31 Delaware Lawyer 20, No. 4, Winter 2014)
  • “Roadmap for Permitting and Leasing for Maine Offshore Wind Energy Projects” and “Roadmap for Permitting and Leasing for Maine Marine Hydrokinetic (MHK) Power Projects,” E2Tech and Maine Ocean and Wind Industry Initiative, 2013
  • “Fiddling as the World Burns: How Climate Change Urgently Requires a Paradigm Shift in the Permitting of Renewable Energy Projects,” 42 Lewis & Clark Environmental Law Review 1101-1156, December 2012; reprinted in full in 24 Environmental Law & Management 277-303, Issue 6, 2012
  • “Greenhouse Gas Litigation: A Split in the Courts,” American Bar Association Trends, May 2012
  • “Treatment of Greenhouse Gases Under the National Environmental Policy Act,” Lexis-Nexis Treatise, Global Climate Change Series, October 2010
  • “Maine’s Anti-SLAPP Law—Special Protection Against Improper Lawsuits Targeting Free Speech and Petitioning,” 23 Maine Bar Journal 32, Winter 2008
  • “The Maine Environmental Law Handbook (2d ed.),” ABS Consulting Government Institutes, February 2002
  • “Assessing a Toxic Tort Case,” 27 Trial 43, Sept. 1991