Land Use
Jan. 22, 2016
Regulatory takings and climate change
Significantly reducing the threat of climate change will require collective action, and more aggressive regulation of land use of other economic activity must play a critical role in that effort.
Andrew W. Schwartz
Of Counsel
Shute Mihaly & Weinberger, LLP
Andrew W. Schwartz is of counsel at Shute, Mihaly & Weinberger LLP, and has taught land use law at Stanford's and UC Berkeley's law schools.
Significantly reducing the threat of climate change will require collective action. More aggressive government regulation of land use and other economic activity must play a critical role in that effort. Political obstacles aside, the expansion of government regulation, though necessary to avoid serious environmental degradation, risks running headlong into the legal obstacle of the regulatory takings doctrine.
The takings clause of the Fifth Amendment provides that private property...
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