Stop the Stop the Beach Plurality!
J. Peter Byrne
Georgetown University Law Center
April 25, 2011
Ecology Law Quarterly, Vol. 38, pp. 619-638, 2011
Georgetown Public Law Research Paper No. 11-40
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.
Number of Pages in PDF File: 21
Keywords: Regulatory Takings Doctrine, Judicial Takings
JEL Classification: K11, K20, K32, K40, Q20
Date posted: April 26, 2011 ; Last revised: February 29, 2012