Monday, December 10, 2012
Steven Eagle (George Mason) has posted A Prospective Look at Property Rights and Environmental Regulation (George Mason Law Review) on SSRN. Here's the abstract:
Article considers the future interaction of environmental regulation and
private property rights, with an emphasis on climate change issues. It
concludes that environmental issues not satisfactorily resolved at the
federal level will lead to more state and local regulation that impinges
on traditional understandings of property. Given the uncertainty
associated with detrimental environmental outcomes, and the trend
towards more proactive sub-national land use controls, more
micromanagement of property will result. Since many environmental
issues, notably climate change, are trans-national or worldwide in
effect, suboptimal results might be expected. Furthermore, increased
sub-national efforts to regulate the environment will clash with private
property rights. Inevitably, some ostensible environmental regulations
will seek to further other public and private agendas.
Part I examines the difficulty in defining “environment” and “property rights,” especially in the context of future generations. Part II focuses on the importance of private property in future environmental regulation, and examines the lack of standards protecting individuals from regulatory takings, and negative impacts for consumers. Part III considers the problematic implementation of “smart growth” regulations, the use of development exactions, and the potential for rent seeking and abuse in the redevelopment context.