A. Dan Tarlock (Illinois Institute of Technology - Chicago-Kent College of Law) has posted Takings, Water Rights, and Climate Change (36 Vermont Law Review 731 (2012)) on SSRN. Here is the abstract:
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This Article examines the possible consequences of climate change on the Supreme Court’s takings jurisprudence as it applies to the non-recognition and regulation of water rights and land rights at the land-water interface.
Part I of the Article examines the potential impact of climate change on the use and value of land and water rights and the possible changes to the attributes of property ownership that climate change may produce. Part II poses six pro-type cases where legislative, administrative, or judicial action may produce takings challenges and examines existing precedents and possible resolutions of the cases. The Article concludes by sketching the principles of a climate change takings jurisprudence for water rights and for land at the water-land interface.
