Tuesday, December 11, 2012
Dan Tarlock (Chicago-Kent) has posted Takings, Water Rights, and Climate Change (Vermont Law Review) on SSRN. Here's the abstract:
Article examines the possible consequences of climate change on the
Supreme Court’s takings jurisprudence as it applies to the
non-recognition and regulation of water rights and land rights at the
Part I of the Article examines the potential impact of climate change on the use and value of land and water rights and the possible changes to the attributes of property ownership that climate change may produce. Part II poses six pro-type cases where legislative, administrative, or judicial action may produce takings challenges and examines existing precedents and possible resolutions of the cases. The Article concludes by sketching the principles of a climate change takings jurisprudence for water rights and for land at the water-land interface.