"Regulatory property" is the right to engage in specified activities, made valuable by government prohibitions against competitors, and protected by de jure or de facto status as property. This Article explores regulatory property and focuses upon its applications in land use regulation. It...

The construction of new power plants in the United States carries the risk of significantly contributing to global climate change. After concluding that the current federal regulatory response to climate change risks from power plants is inadequate, this Article examines three potential roles...

In Penn Central Transportation Co. v. City of New York the Supreme Court stated that the existence of a regulatory taking would be determined through “essentially ad hoc, factual inquiries,” and that one of three factors of “particular significance” was the economic impact of the...

Climate regulation of the electricity sector is one of the most important growing — and rapidly changing — areas of law and policy today. This is both because of the critical role that electricity plays in modern society, acting as economic lifeblood, and because of electricity's part in...

This Essay attempts to determine the correct regulatory takings compensation policy given the general doctrinal framework in other bodies of American law. In particular, it addresses the following questions. First, given a compensation requirement for eminent domain, is it sensible to interpret...

This Essay surveys contemporary issues in American land use regulation. Its central claim is that, despite good intentions, regulations often have either been ineffective or exacerbated existing problems. The problems underlying regulation include contested understandings of private property...

In the autumn of 2014 the residents of Scotland, but not other parts of the UK, will vote on whether to leave the UK to become a separate state, with a positive vote leading to an independent parliament being elected in 2016. It would remain within the EU and in compliance with its acquis...

Can bureaucracies respond to threats marked by both potentially high costs and fundamental uncertainty? Standard guidelines such as maximizing expected value to the society over a period of time may be ineffective; yet, state action is often most demanded for such situations. I argue that the...

In 2011, the Environmental Protection Agency and Army Corps of Engineers introduced a draft version of a guidance document that purported to clarify the jurisdiction of the Clean Water Act in accordance with recent Supreme Court Cases. Shortly thereafter, it became clear that the Draft Guidance...

Land-use regulations can lower real estate prices by imposing costs on property owners, but may raise prices by restricting supply and generating amenities. We study the effects of the California Coastal Act, one of the nation's most stringent land-use regulations, on prices and rents for...