Document Type
Article
Publication Date
Spring 2011
Abstract
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.
Publication Citation
38 Ecology L.Q. 619-638 (2011)
Scholarly Commons Citation
Byrne, J. Peter, "Stop the Stop the Beach Plurality!" (2011). Georgetown Law Faculty Publications and Other Works. 631.
https://scholarship.law.georgetown.edu/facpub/631
Included in
Environmental Law Commons, Jurisprudence Commons, Land Use Law Commons, Property Law and Real Estate Commons