Abstract

http://ssrn.com/abstract=967992
 
 

Citations (2)



 


 



The New Nuisance: An Antidote to Wetland Loss, Sprawl, and Global Warming


Christine A. Klein


University of Florida - Levin College of Law


Boston College Law Review, Vol. 48, 2007

Abstract:     
Marking the fifteenth anniversary of Lucas v. South Carolina Coastal Council — the modern U.S. Supreme Court's seminal regulatory takings decision — this Article surveys Lucas's impact upon regulations that restrict wetland filling, sprawling development, and the emission of greenhouse gases. The Lucas Court set forth a new categorical rule of governmental liability for regulations that prohibit all economically beneficial use of land, but also established a new defense that draws upon the states' common law of nuisance and property. Unexpectedly, that defense has taken on a life of its own — forming what this Article calls the new nuisance doctrine. As this Article explains, nuisance is new in at least two important ways. First, it has taken on a new posture, evolving from defense, to offense, to catalyst for legislative change. Second, nuisance has taken on new substance, triggered in part by Lucas's explicit recognition that "changed circumstances or new knowledge may make what was previously permissible no longer so."

Number of Pages in PDF File: 81

Keywords: Climate change, Global Warming, Wetlands, Regulatory Takings

JEL Classification: K11, K32

Accepted Paper Series


Download This Paper

Date posted: March 7, 2007 ; Last revised: November 12, 2008

Suggested Citation

Klein, Christine A., The New Nuisance: An Antidote to Wetland Loss, Sprawl, and Global Warming. Boston College Law Review, Vol. 48, 2007. Available at SSRN: http://ssrn.com/abstract=967992

Contact Information

Christine A. Klein (Contact Author)
University of Florida - Levin College of Law ( email )
SW 2nd Ave at SW 25th Street
Gainesville, FL 32611
United States
352-273-0964 (Phone)
Feedback to SSRN


Paper statistics
Abstract Views: 1,139
Downloads: 145
Download Rank: 117,608
Citations:  2

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo6 in 0.297 seconds