WHAT THE PUBLIC TRUST DOCTRINE CAN TEACH US ABOUT THE POLICE POWER, PENN CENTRAL, AND THE PUBLIC INTEREST IN NATURAL RESOURCE REGULATION A TRIBUTE TO JOE SAX+
One of Joseph Sax’s recurring scholarly concerns was how to effectuate and preserve the substantial and long-term public interest in natural resources, and he was drawn to the public trust doctrine in part because that doctrine explicitly recognizes that public rights in those resources, particularly water, do exist. Following in …Read More
Defining Riparian Rights as “Property” Through Takings Litigation: Is There a Property Right to Environmental Quality?
The United States Constitution’s prohibitions on governments taking private property without compensation have always operated most clearly in the context of real property. In contrast, arguments that these takings restrictions should apply to water and water rights throw courts for a loop. A fundamental problem for takings decisions in the …Read More