21 Pages Posted: 26 Apr 2011 Last revised: 29 Feb 2012
Date Written: April 25, 2011
The plurality opinion in Stop the Beach Renourishment v. Florida Department of Environmental Protection articulated a new doctrine of "judicial takings," and justified it with arguments drawing on text, history, precedent, and "common sense." This essay argues that the opinion falls makes a mockery of such forms of interpretation, represents raw pursuit of an ideological agenda, and indicates why the Regulatory Takings Doctrine more generally should be abandoned or limited.
Keywords: Regulatory Takings Doctrine, Judicial Takings
JEL Classification: K11, K20, K32, K40, Q20
Suggested Citation: Suggested Citation
Byrne, J. Peter, Stop the Stop the Beach Plurality! (April 25, 2011). Ecology Law Quarterly, Vol. 38, pp. 619-638, 2011; Georgetown Public Law Research Paper No. 11-40. Available at SSRN: https://ssrn.com/abstract=1823709