Supreme Court Roadblocks to Responsive Coastal Management in the Wake of Lucas

Abstract

Lucas v. South Carolina Coastal Council was the first time that the United States Supreme Court considered the validity of the work product of a state government expressly confronting the realities of sea-level rise caused by climate change. Takings progeny following Lucas have limited the ability of state and local governments to follow South Carolina’s lead in drafting sensible and effective responses to sealevel rise and climate change. Recent beachfront litigation in STBR, Palazzolo, Murr, Dolan, Koontz, Arkansas Game, and Tahoe-Sierra illustrate the tension between the Lucas Court’s reliance on the Takings Clause and the conscientious efforts of state and local governments to protect public lands and combat the effects of climate change.

Keywords: climate change, coastal zone, takings, sealevel rise

JEL Classification: K11, K32