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Environmental Law

2013

Pace Law Faculty Publications

Emissions

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Land Use And Climate Change: Lawyers Negotiating Above Regulation, John R. Nolon Jan 2013

Land Use And Climate Change: Lawyers Negotiating Above Regulation, John R. Nolon

Pace Law Faculty Publications

Sea level rise requires a new paradigm for controlling the development of coastal lands that are in harm’s way, calling for adjustments in the law, legal practice, and legal education. This article discusses the historical tendency of the law to adjust to changes in society and the recent emergence of new legal institutions and strategies for mitigating and adapting to climate change, particularly sea level rise. It illustrates how the lack of certainty about the extent and pace of sea level rise collides with the total takings doctrine of the Lucas case to frustrate the application of traditional land ...