In light of the 25th anniversary of the Supreme Court’s Lucas decision, this Article reexamines the actual relevance of the opinion by weighing the framing, reach, and aftermath of Justice Scalia’s majority opinion. This Article argues that Justice Scalia’s opinion consciously framed the regulatory takings doctrine in a more favorable way for private property owners, and by doing so, helped pave the way for subsequent denial that environmental and climate concerns are a valid basis for any government action. Justice Scalia attempted to create a regulatory environment that protects private real estate investments instead of protecting the public environment as intended by democratically enacted regulations, but courts have applied Lucas in a more limited manner than Justice Scalia probably intended.
53 Real Prop. Tr. & Est. L.J. 1-26 (2018)
Scholarly Commons Citation
Byrne, J. Peter, "A Fixed Rule for a Changing World: The Legacy of Lucas v. South Carolina Coastal Council" (2018). Georgetown Law Faculty Publications and Other Works. 2086.