Rising Seas and Common Law Baselines: A Comment on Regulatory Takings Discourse Concerning Climate Change
J. Peter Byrne
Georgetown University - Law Center
April 21, 2010
Vermont Journal of Environmental Law, Vol. 11, 2010
Georgetown Public Law Research Paper No. 10-23
In several recent cases considering claims that regulatory measures addressing rising sea levels violate the Takings Clause, courts have given significant normative weight to traditional common law rules, even when such rules have long been superseded by statutory provisions. This essay argues that giving analytic precedence to such common law baselines lacks justification and can pose serious obstacles to reasonable measures to adapt to climate change.
Number of Pages in PDF File: 17
Keywords: regulatory taking, climate change, sea-level rise
JEL Classification: K20, K23, K32, Q20, Q25, Q28Accepted Paper Series
Date posted: April 21, 2010
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