Document Type
Article
Publication Date
2003
Abstract
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.
Publication Citation
33 Envtl. L. 1-26 (2003)
Scholarly Commons Citation
Lazarus, Richard J., "Celebrating Tahoe-Sierra" (2003). Georgetown Law Faculty Publications and Other Works. 166.
https://scholarship.law.georgetown.edu/facpub/166