Regulatory Takings and the Environment : the Impact of Property Rights Litigation.

By:

Botello-Samson, Darren

Material type: Text

TextSeries: Recht und GesellschaftPublication details: El Paso : LFB Scholarly Pub. LLC, 2010.Description: 1 online resource (238 pages)Content type:

text

Media type:

computer

Carrier type:

online resource

ISBN:

9781593326494
1593326491

Subject(s):

Genre/Form:

Additional physical formats: Print version:: Regulatory Takings and the Environment : The Impact of Property Rights Litigation.DDC classification:

343.73/0252 343.730252

LOC classification:

KF5599 .B68 2010

Online resources:

Click here to access online

Contents:

Acknowledgements; Commonly Used Acronyms; CHAPTER ONE; Introduction; CHAPTER TWO; Regulatory Takings Jurisprudence; CHAPTER THREE; Understanding Ad Hoc, Factual Inquiries; CHAPTER FOUR; Regulatory Takings and the Question of Impact; CHAPTER FIVE; The Surface Mining Control and Reclamation Act; CHAPTER SIX; The Endangered Species Act; CHAPTER SEVEN; Conclusion; References; Index.

Summary: Botello-Samson reconceptualizes the relationship between regulatory agencies and regulatory takings litigation. By analyzing the impact of such litigation on the implementation of two federal environmental statutes, the Surface Mining Control and Reclamation Act and the Endangered Species Act, the author uncovers institutionalized characteristics of these regulatory regimes which insulate policy decision-making from the forces of a chilling effect. While these characteristics do not prevent a chilling effect, they do direct an understanding of regulatory takings litigation away from a total fo.

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Botello-Samson reconceptualizes the relationship between regulatory agencies and regulatory takings litigation. By analyzing the impact of such litigation on the implementation of two federal environmental statutes, the Surface Mining Control and Reclamation Act and the Endangered Species Act, the author uncovers institutionalized characteristics of these regulatory regimes which insulate policy decision-making from the forces of a chilling effect. While these characteristics do not prevent a chilling effect, they do direct an understanding of regulatory takings litigation away from a total fo.