Climate Change, Takings, and Armstrong

Flynn focuses on the issue of climate change, takings, and Armstrong principle. Climate change, especially its symptom of sea level rise, will unsettle expectations and present unique challenges to takings jurisprudence. Historically, most takings issues focused on situations with clear instances of...

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Bibliographic Details
Published in:Ecology law quarterly 2019-01, Vol.46 (2), p.671-682
Main Author: Flynn, A.S.
Format: Article
Language:English
Subjects:
Causation
Climate change
Hurricanes
Jurisprudence
Litigation
Sea level
Sea level rise
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Summary:Flynn focuses on the issue of climate change, takings, and Armstrong principle. Climate change, especially its symptom of sea level rise, will unsettle expectations and present unique challenges to takings jurisprudence. Historically, most takings issues focused on situations with clear instances of causation. Externalities and effects may not develop for years or decades and often are borne by individuals and communities far away from where the causal action took place. A recent Federal Circuit decision arising from the aftermath of Hurricane Katrina illustrates how current takings jurisprudence struggles to account for the changing reality of climate change. This In Brief suggests use of Justice Hugo Black's Armstrong principle to help the courts and judges adapt current rules to the novel issues posed by climate change, as well as provide a more effective remedy for property owners than other forms of climate litigation.
ISSN:0046-1121
DOI:10.15779/Z380R9M45P