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Supreme Guidance For Wet Growth: Lessons From The High Court On The Powers And Responsibilities Of Local Governments, Michael Allan Wolf
Supreme Guidance For Wet Growth: Lessons From The High Court On The Powers And Responsibilities Of Local Governments, Michael Allan Wolf
Michael A Wolf
Before the merger of water law and land use planning can occur, local and state regulators need strong guidance from experts in the field, not only in extra-legal fields such as planning, hydrology, geology, engineering, biology, and transportation, but also in mainstream legal areas including legislation (local, state, and federal), administrative law, and enforcement. The purpose of this article is to identify a somewhat unorthodox source of guidance - the United States Supreme Court, specifically the Rehnquist Court from October, 1984, through June, 2005, a period of remarkable stability for the nation’s highest tribunal.
Strategies For Making Sea-Level Rise Adaptation Tools 'Takings-Proof', Michael Allan Wolf
Strategies For Making Sea-Level Rise Adaptation Tools 'Takings-Proof', Michael Allan Wolf
Michael A Wolf
While the costs of some Sea-Level Rise (SLR) adaptation tools are undeniably daunting, the American legal system poses an additional, potentially budget-busting impediment — the Takings Clause of the Fifth Amendment to the United States Constitution. Officials at all governmental strata and from all three branches should keep the demands made by the Takings Clause, as interpreted by the judiciary, in mind as they choose tools from the diverse SLR-adaptation toolbox, as they justify their choices to the electorate and other constituencies, as they put those tools to use, and as they defend that use from litigants claiming abuse. This …