Home » Regulatory Takings and the Environment: The Impact of Property Rights Litigation by Darren Botello-Samson
Regulatory Takings and the Environment: The Impact of Property Rights Litigation Darren Botello-Samson

Regulatory Takings and the Environment: The Impact of Property Rights Litigation

Darren Botello-Samson

Published May 16th 2011
ISBN : 9781593324001
Hardcover
228 pages
Enter the sum

 About the Book 

Botello-Samson reconceptualizes the relationship between regulatory agencies and regulatory takings litigation. By analyzing the impact of such litigation on the implementation of two federal environmental statutes, the Surface Mining Control andMoreBotello-Samson reconceptualizes the relationship between regulatory agencies and regulatory takings litigation. By analyzing the impact of such litigation on the implementation of two federal environmental statutes, the Surface Mining Control and Reclamation Act and the Endangered Species Act, the author uncovers institutionalized characteristics of these regulatory regimes which insulate policy decision-making from the forces of a chilling effect. While these characteristics do not prevent a chilling effect, they do direct an understanding of regulatory takings litigation away from a total focus on economic costs and toward a focus on the hermeneutic and relational contexts that shape expectations of property use in a legally pluralistic environment.