Areas of Specialization
Environmental Law; Land Use and Zoning; Local Government Law; Property Law
Property; Special Topics in Environmental Law Seminar; W&M Environmental Law and Policy Review
Representative Professional Activities and Achievements
Joined the faculty in 1982. Served on the legal staff of the
Environmental Protection Agency in Washington, D.C. Taught at Cleveland
State School of Law and was a visiting professor at the University of
North Carolina - Chapel Hill School of Law. Was a Fulbright Senior
Author of Controversies in Constitutional Law – Evolution of the Law of Takings and articles in the Duke Law Journal, Journal of Local Government Law, Annual Survey of American Law, the Arizona Law Review, and the North Carolina Law Review. General Editor of Virginia Local Government Law. Co-author of Environmental Policy Law and Problems in Environmental Law. Frequent speaker on environmental and property issues.
Served as a member of the Executive Board, Historic Rivers Land Conservancy, Inc. and the Planning Commission, York County. Served as a member of the Chesapeake Bay Local Assistance Board and on the Editorial Board for the Washington Lawyer, District of Columbia Bar Association. Served as Chair and member of numerous American Bar Association committees including, the Local Government Law Committee; Section of Natural Resources, Energy, and Environmental Laws; Committee on Environmental Law; and the Professionalism Committee of the Section of Legal Education and Admission to the Bar.
- Co-author, Municipal Finance Law (ABA Publications forthcoming 2008) (with Joel Mintz and Larry Bakken).
- Community Resource Guide for Brownfields Redevelopment (2000).
- Brownfields Redevelopment: Cleaning Up Contaminated Sites for Community Renewal (2000).
- The Environment, Property and the Law: Controversies in Constitutional Law (Garland Publ'g Inc. 1998) (3 volumes).
- Handbook for Virginia Local Government Attorneys (Local Government Attorneys Ass'n 1992).
- Co-author, Environmental Law Problems, Cases, Readings and Text (U. Casebook Series, Found. Press 1985) (with Schoenbaum).
- Co-author, Environmental Policy Law, Teaching Notes (Found. Press 1985) (with Thomas J. Schoenbaum).
- Co-author, Environmental Policy Law (Found. Press 1985) (with Thomas J. Schoenbaum).
- Municipal Regulation of Condominium Conversion (College of Urban Affairs, Cleveland St. U. 1981).
- Co-author, Urban Growth Management Through Development Timing (Praeger Special Studies in U.S. Economic, Social and Political Issues 1976) (with Brower).
Book Revisions and Supplements
- Community Resource Guide for Brownfields Redevelopment (2d ed. 2002).
- Co-author, Environmental Policy Law, Teaching Notes (U. Casebook Series, Found. Press 4th ed. 2002; 3d ed. 1996) (with Thomas J. Schoenbaum & Holly D. Doremus).
- Co-author, Environmental Policy Law (U.Casebook Series, Found. Press 4th ed. 2002; 3d ed. 1996, 1276 pp.; 2d ed. 1991, 1273 pp.) (with Thomas J. Schoenbaum & Holly D. Doremus).
- Co-author, Environmental Law Problems, Cases, Readings and Text (U. Casebook Series, Found. Press 2d ed. 1987) (with Schoenbaum).
- Doing More or Doing Less for the Environment: Shedding Light on EPA's "Stealth" Method of Environmental Enforcement, 35 B.C. Envtl. Aff. L. Rev. ___ (forthcoming 2008).
- Making Renewable Energy a Reality--Finding a Way to Identify the Wind Power Sites, 32 Wm. & Mary Envtl. & Pol'y Rev. 635 (forthcoming 2008).
- Diversifying America's Energy Future: The Future of Renewable Wind Power, 26 Va. Envtl. L.J. 505 (2007).
- The Changing Culture of American Land Use Regulation: Paying for Growth with Impact Fees, 59 SMU L. Rev. 177 (2006), reprinted in 2007 Zoning and Planning Law Handbook (Patricia E. Salkin ed., Thomson West 2007).
- The Ultimate Independence of the Federal Courts: Defying the Supreme Court in the Exercise of Federal Common Law Powers, 36 Conn. L. Rev. 425 (2004).
- Co-author, When Lochner Met Dolan: The Attempted Transformation of American Land Use Law by Constitutional Interpretation, 33 Urb. Law. 663 (2001), reprinted in Progress in Legal Issues (with Nancy Stroud).
- Co-author, Negotiated Development Denial Meets People's Court: Del Monte Dunes Brings New Wildcards to Exactions Law, 31 Urb. Law. 831 (1999).
- The Changing Tradition of Constitutional Review of Sign and Billboard Regulation, IX J. Loc. Gov't L. 10 (1999).
- Co-author, "Where's Dolan?" Exactions Law in 1998, 30 Urb. Law. 683 (1998).
- The Non-Impact of the United States Supreme Court Regulatory Takings Cases on the State Courts: Does the Supreme Court Really Matter?, 6 Ford. Envtl. L. Rev. 523 (1995), excerpted in Property Law textbook)
- Evolving Consensus: The Dynamic Future of Environmental Law and Policy, 27 Loy. L. Rev. 1049 (1994), reprinted in Environmental Law textbook.
- Cooperative Failure: An Analysis of Intergovernmental Relationships and the Problem of Air Quality Non-Attainment, 1990 Ann. Surv. Am. L. 13.
- Powell on Real Property, Chapter 25A, in The Regulation of Solid and Hazardous Waste (Matthew Bender 1987).
- The Need for State and Regional Land Use Control in Virginia, Virginia Environmental Endowment (1987).
- Uranium Mining and Milling in Virginia: An Analysis of Regulatory Choice, 4 Va. J. Nat. Res. L. 81 (1984).
- Referendum Zoning: Legal Doctrine and Practice, 53 U. Cin. L. Rev. 381 (1984).
- Co-author, Historic Preservation Easements: A Proposal for Ohio, 7 U. Dayton L. Rev. 313 (1982) (with Pamela G. Jacobstein).
- Archeological Resource Preservation - The Role of State and Local Government, 1981 Utah L. Rev. 755.
- Amendment of the Antiquities Act of 1906 - The Preservation of Cultural Resources, 22 Ariz. L. Rev. 701 (1981).
- Federal Protection of Unique Environmental Assets: Endangered and Threatened Species, 58 N.C. L. Rev. 491 (1980), reprinted in Land Use & Envtl. L. Rev. (1981).
- Co-author, Federal Environmental Review Requirements Other than NEPA: The Emerging Challenge, 27 Clev. St. L. Rev. 195 (1979) (with Olsen).
- Co-author, Air Quality and Industrial Growth: The Location of New Industiral Sources of Pollution in Non-Attainment Areas, 11 Nat. Resources Law. 523 (1979).
- Co-author, The Legal Implementation of Coastal Zone Management: The North Carolina Model, 1976 Duke L.J. 1 (with Schoenbaum).
- Diversifying Energy in America: Moving Towards Renewable Wind Power, 2006 Int'l Workshop on Legal Issues for Clean Energy & Climate Issues 95.
- Book Review, Natural Resources Policy Law, 39 Forest & Conservation Hist. 43-44 (1995).
- Clean Water Act Amendments, Practicing Planner, Sept. 1977, at 17.
- Co-author, Comment, The Federal-Aid Highway Construction Process: Procedures, Cases, and Plaintiff Strategies, 52 N.C. L. Rev. 1223 (1974) (with Olson).
- Note, Constitutional Law - The Eighth Amendment and Prison Reform, 51 N.C. L. Rev. 1539 (1973).