The Court's ruling in Tahoe-Sierra is a realization of the current Court's potential to reach a sensible result in a regulatory takings case. Tahoe-Sierra is a major victory for government regulators and environmentalists, but not because it eliminates the takings issue as a substantial concern. Tahoe-Sierra instead finds its significance in its restoration of balance to the Court's takings jurisprudence, signified by a new Court majority with Justice Scalia relegated to a dissent. Without reversing the Court's recent rulings in favor of landowners in takings cases, the Court makes clear that a majority of the Justices have never been prepared to endorse the kind of exaggerated readings of those earlier cases that property rights advocates have been proffering.
33 Envtl. L. 1-26 (2003)
Scholarly Commons Citation
Lazarus, Richard J., "Celebrating Tahoe-Sierra" (2003). Georgetown Law Faculty Publications and Other Works. 166.