Regulatory takings and the environment : the impact of property rights litigation / Darren Botello-Samson.

Format:

Book

Author/Creator:

Botello-Samson, Darren.

Series:

Law and society (New York, N.Y.)

Law and society : recent scholarship

Language:

English

Subjects (All):

Eminent domain--United States.

Eminent domain.

Right of property--United States.

Right of property.

Environmental law--United States.

Environmental law.

Physical Description:

1 online resource (238 p.)

Edition:

1st ed.

Place of Publication:

El Paso, Tex. : LFB Scholarly Pub., 2010.

Language Note:

English

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

Contents:

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

Notes:

Description based upon print version of record.

Includes bibliographical references and index.

ISBN:

9781593326494

1593326491

OCLC:

818818813