Document Type

Article

Publication Date

2010

Abstract

In several recent cases considering claims that regulatory measures addressing rising sea levels violate the Takings Clause, courts have given significant normative weight to traditional common law rules, even when such rules have long been superseded by statutory provisions. This essay argues that giving analytic precedence to such common law baselines lacks justification and can pose serious obstacles to reasonable measures to adapt to climate change.

Publication Citation

11 Vt. J. Envtl. L. 627-642 (2010)

Share

COinS