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Pressing Forward, But Moving Backward: The Devolution Of A Strong Federal Approach To Reducing Mercury Emissions, Christopher R. Gohagan
Pressing Forward, But Moving Backward: The Devolution Of A Strong Federal Approach To Reducing Mercury Emissions, Christopher R. Gohagan
Southeastern Environmental Law Journal
No abstract provided.
A Window Into The Regulated Commons: The Takings Clause, Investment Security, And Sustainability, Josh Eagle
A Window Into The Regulated Commons: The Takings Clause, Investment Security, And Sustainability, Josh Eagle
Faculty Publications
The holding of the U.S. Court of Appeals for the Federal Circuit in American Pelagic Fishing Co. v. United States points to the conclusion that the government will almost never be liable, under the Takings Clause, when fisheries regulations reduce the value of commercial fishing permits, vessels, or gear. From the perspective of natural resource economics, this is a healthy result. Economists suggest that solving commons problems requires that natural resources be under the complete control of a sole owner who makes self-interested decisions about resource use, and if the Fifth Amendment required the government owner to compensate fishermen when …