James R. May
Professor of Law

B.S., University of Kansas
J.D., University of Kansas School of Law
LL.M., Pace University School of Law

E-mail: jrmay@widener.edu
Phone: 302.477.2060

James R. May is a Professor of Law, H. Albert Young Constitutional Law Fellow, Professor of Graduate Engineering (Adjunct), founder and co-director of the Masters of Marine Policy (MMP) program, Associate Director of the Environmental Law Center at Widener University, and a Fellow of the American College of Environmental Lawyers.

Professor May is the founder and former executive director and president of the Mid-Atlantic Environmental Law Center, and co-founder and former co-director of the Eastern Environmental Law Center. He is a former Visiting Associate Director for the Institute for Public Representation at Georgetown Law Center, former director of Widener’s Summer Institute at the Macquarie University Environmental Law Centre in Sydney, Australia, and Visiting Fellow at the Environmental Law Institute. He has visited at Georgetown University Law Center, and Vermont Law School, the University of Kenya, and the University of Technology-Sydney (summer programs). He is former Council Member of the ABA Section on Environment, Energy and Resources (SEER), and is currently a member of SEER and the ABA Section on Science and the Law. He has received awards from the Sierra Club, the American Canoe Association, the Delaware Nature Society, and is a past Master to the Delaware Valley Environmental American Inn of Court.

He teaches, publishes and presents in Constitutional, Environmental, Natural Resources, Hazardous Substances, Administrative, Civil Procedure, Constitutional Environmental, International Environmental, Environmental Justice, Hazardous Wastes and Substances, and Graduate Engineering Law. He is Faculty Advisor of the Widener Law Review.

Professor May is the author of more than 50 book chapters and law review articles and a forthcoming book, CONTEMPORARY PRINCIPLES IN CONSTITUTIONAL ENVIRONMENTAL LAW. He has provided legal representation in both private and public interest capacities, and litigated more than 200 environmental claims pro bono in federal courts throughout the nation, in matters from local tribunals to the U.S. Supreme Court.

Prior to entering law he worked as engineer on top secret national defense projects for the U.S. Department of Energy and the U.S. Department of Defense.

He earned his B.S. in Mechanical Engineering, where he won the Bowman Award, his J.D. from the University of Kansas, where he was a national champion in the National Environmental Moot Court Competition, and his LL.M. from Pace University School of Law, where he was the Feldshuh Environmental Fellow and graduated first in his class. He lives in Wilmington Delaware with his wife and two children, where he coaches a variety of youth sports programs, plays rugby for the law school squad, and is an outdoor enthusiast.


Selected Recent Publications

Books
  • CONTEMPORARY PRINCIPLES IN CONSTITUTIONAL ENVIRONMENTAL LAW (James R. May ed., Envtl. L. Inst./ABA, forthcoming).
  • & Wendy Carr, THROUGH THE AGENCY MAZE: A CITIZEN’S GUIDE TO FINDING INFORMATION IN THE MID-ATLANTIC (William Penn Foundation/Mid-Atlantic Env. L. Ctr. 2000).
Chapters
  • The Future of Constitutional and Natural Resources Law, in NATURAL RESOURCES LAW AND POLICY 124 – 160 (S. Bates and L. MacDonnell, eds., American Bar Association).
  • The Intersection of Constitutional Law and Environmental Litigation, in ENVIRONMENTAL LITIGATION: LAW AND STRATEGY 359 – 395 (Cary R. Perlman ed., ABA 2009).
  • Et al., Constitutional Law: 2009 Annual Report, in ENVIRONMENT, ENERGY, AND RESOURCES LAW: THE YEAR IN REVIEW 2008 349 (ABA Section of Envt., Energy & Resources 2010, forthcoming, co-author).
  • Constitutional Law: 2008 Annual Report, in ENVIRONMENT, ENERGY, AND RESOURCES LAW: THE YEAR IN REVIEW 2008 (ABA Section of Envt., Energy & Resources 2009).
  • Constitutional Law: 2007 Annual Report, in ENVIRONMENT, ENERGY, AND RESOURCES LAW: THE YEAR IN REVIEW 2008 (ABA Sec. of Envt., Energy & Resources 2008).
  • Et al., Constitutional Law: 2006 Annual Report, in ENVIRONMENT, ENERGY, AND RESOURCES LAW: THE YEAR IN REVIEW 2008 (ABA Section of Envt., Energy & Resources 2005, co-author).
  • Discharges From Historic Mining Properties: Asserting and Defending Citizen Suits Under the Clean Water Act, 50 ROCKY MT. MIN. L. INST. 23 (2004).
  • Pacific Mutual Life Ins. Co. v. Haslip; Substantive Due Process Implications for Toxic Tort Practitioners Part II, 19 Prod. Safety & Liab. Rep. (BNA) 1293 (November 15, 1991); also in 6 Tox. L. Rep. (BNA) 912 (January 1, 1992).
  • Pacific Mutual Life Ins. Co. v. Haslip; Substantive Due Process Implications for Toxic Tort Practitioners Part I, 19 Prod. Safety & Liab. Rep. (BNA) 1263 (November 8, 1991); also in 6 Tox. L. Rep. (BNA) 882 (December 18, 1992).
Articles
  • & Erin Daly, Vindicating Constitutionally Entrenched Environmental Rights Around the Globe, 11 Oregon Rev. Int’l L. __ (2010).
  • Not at All: Sustainability and the U.S. Supreme Court, 9 Sustain. Dev. L. & Pol’y, __ (2009).
  • U.S. Supreme Court Environmental Cases 2008-2009: A Year Like No Other, 40 Env’t Rep. (BNA), No. 36, at 2154 (Sept. 11, 2009).
  • & Clary, The Role of Science and Engineering in Water Pollution Control During the Past 100 Years, 100 American Inst. Chem. Engr. (2008).
  • Of Happy Incidents, Climate, Federalism, and Preemption, 17 TEMP. POL. & CIV. RTS. L. REV. 465 (2008).
  • Climate Change, Constitutional Consignment, and the Political Question Doctrine, Symposium: Global Climate Change: Integrating Environmental Justice into Policy, Regulation, and Litigation, 85 DENVER U. L. REV. 919 (2008).
  • & Robert L. Glicksman, A Jurisprudence of Idealogy, 24 Envtl. Forum 22 (2007)
  • U.S. Supreme Court Decisions: Review for 2006-2007 and Outlook, 38 Env’t Rep. (BNA), No. 34, at 1851 (Aug. 24, 2007).
  • The North American Symposium on the Judiciary and Environmental Law: Constituting Fundamental Environmental Rights Worldwide, 23 PACE ENVTL. L. REV. 113 (2005/2006).
  • The Availability of State Environmental Citizen Suits, 18 NAT. RESOURCES & ENV’T 53 (2004), reprinted in ENVIRONMENTAL LAW 439 (ALI-ABA Course of Study, Feb. 16-18, 2005).
  • The Rise and Repose of Assimilation-Based Water Quality, Part I: TMDL Litigation, 34 Envtl. L. Rep. (Envtl. L. Inst.) 10247 (2004), reprinted in CLEAN WATER ACT: LAW AND REGULATION 255 (ALI-ABA Course of Study, Oct. 27-29, 2004), reprinted in 24 EPA Admin. L. Rep. 762 (2004).
  • Now More Than Ever: Trends in Environmental Citizen Suits at 30, Environmental Citizen Suits at Thirtysomething: A Celebration & Summit Symposium, Part I, 10 WIDENER L. REV. 1 (2003), reprinted in ENVIRONMENTAL LAW 385 (ALI-ABA Course of Study, Feb. 16-18, 2005).