Rising Seas and Common Law Baselines: A Comment on Regulatory Takings Discourse Concerning Climate Change

17 Pages Posted: 21 Apr 2010

See all articles by J. Peter Byrne

J. Peter Byrne

Georgetown University Law Center

Date Written: April 21, 2010

Abstract

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courts have given significant normative weight to traditional common law rules, even when such rules have long been superseded by statutory provisions.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.

Keywords: regulatory taking, climate change, sea-level rise

JEL Classification: K20, K23, K32, Q20, Q25, Q28

Suggested Citation

Byrne, J. Peter, Rising Seas and Common Law Baselines: A Comment on Regulatory Takings Discourse Concerning Climate Change (April 21, 2010). Vermont Journal of Environmental Law, Vol. 11, 2010, Georgetown Public Law Research Paper No. 10-23, Available at SSRN: https://ssrn.com/abstract=1593595

J. Peter Byrne (Contact Author)

Georgetown University Law Center ( email )

600 New Jersey Avenue, NW
Washington, DC 20001
United States
(202)662-9066 (Phone)

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