Regulatory Takings and Rising Tides: Lessons from Lucas and background principles analysis as a way of justifying prohibitions on coastal development in response to climate change

Chad J. McGuire, University of Massachusetts, Dartmouth

Abstract

The purpose of this article is to focus on how background principles of law, as explained in Lucas and seen in the light of climate change mitigation and adaptation, may be used as a defense to regulatory takings claims. This article points out the factors required to support the background principles exclusion to a regulatory takings claim by examining the connections between climate change regulation and traditional public safety concerns.

Suggested Citation

Chad J. McGuire. "Regulatory Takings and Rising Tides: Lessons from Lucas and background principles analysis as a way of justifying prohibitions on coastal development in response to climate change" Marine Resources 13.1 (2010): 9-12.