The Talking Issue:
Will Recent Supreme Court Decisions Halt the Enactment of Environmental Laws?
Karen Craig
My research addresses the takings clause of the Fifth Amendment and speculates
on the effect recent Supreme Court cases may have on the future ability of state
and local governments to enact environmental regulations. If governmental restrictions
to protect natural resources constitute a "taking" of private property, as defined
by the Fifth Amendment, just compensation is due. In several key cases since the
1980s, the Supreme Court has demonstrated increased concern for the rights of
private property owners who allege governmental activities have violated their
constitutional rights. The Court's decisions may have a "chilling effect" on regulatory
process which could adversely impact environmental policy intended to protect
the public. My approach is from a policy perspective and will focus on the emerging
trend within the states to enact property rights legislation. I will analyze and
evaluate the extent of this effect and draw implications to the future of environmental
regulations.