Abstract

http://ssrn.com/abstract=1986393
 


 



Climate Change and the Evolution of Property Rights


Holly Doremus


University of California, Berkeley - School of Law

January 16, 2012

University of California Irvine Law Review, Vol. 1, No. 4, 2012
UC Berkeley Public Law Research Paper No. 1986393

Abstract:     
Climate change will unsettle expectations about both land and water. Those changes will reduce the extent to which existing resource allocations effectively serve societal interests. In the United States, we typically rely on market transactions to adjust property allocations as societal needs and interests change. Markets, however, will not adequately protect the collective, as opposed to the private, interests climate change will put at risk. Changes to underlying property rules will be needed if those interests are to be sustained.

Because current property rules stand in the way of efficient and effective adaptation to climate change, evolution of property law is an important aspect of adaptation. But because property rules are especially sticky, the needed changes will not come easily. Federal courts must play the keystone role because they control the interpretation of key constitutional doctrines. The chief legal impediment to climate adaptation at the moment is federal court resistance to changes in property rules. If that resistance can be softened, state courts and legislatures can, and likely will, make needed adjustments. Federal courts should be careful not to stand in the way of such adjustments, although they also have a role to play in ensuring that the costs of change are fairly distributed.

Number of Pages in PDF File: 33

Keywords: climate change, global warming, property rights, sea level rise, water allocation, takings

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Date posted: January 17, 2012  

Suggested Citation

Doremus, Holly, Climate Change and the Evolution of Property Rights (January 16, 2012). University of California Irvine Law Review, Vol. 1, No. 4, 2012; UC Berkeley Public Law Research Paper No. 1986393. Available at SSRN: http://ssrn.com/abstract=1986393

Contact Information

Holly Doremus (Contact Author)
University of California, Berkeley - School of Law ( email )
790 Simon Hall
Berkeley, CA 94720-7200
United States
510-643-5699 (Phone)
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