J. Peter Byrne (Georgetown University – Law Center) has posted Stop the Stop the Beach Plurality! (Ecology Law Quarterly, Forthcoming) on SSRN. Here is the abstract:
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The plurality opinion in Stop the Beach Renourishment v. Florida Department of Environmental Protection articulated a new doctrine of "judicial takings," and justified it with arguments drawing on text, history, precedent, and "common sense." This essay argues that the opinion falls makes a mockery of such forms of interpretation, represents raw pursuit of an ideological agenda, and indicates why the Regulatory Takings Doctrine more generally should be abandoned or limited.