Gary Dreyzin (Georgetown University) has posted The Next Wave of Climate Change Litigation: Comparing Constitutional Inverse Condemnation Claims in the United States, South Africa, and Japan (Georgetown Environmental Law Review (GELR), Vol. 31, No. 1, 2018) on SSRN. Here is the abstract:
As climate change impacts people’s property rights, the global influx of takings claims against governments for climate change effects and government responses to those effects will likely rise. Inverse condemnation claims will likely be the source of the next wave of climate change litigation. This Note discusses the feasibility of takings claims related to climate change effects and the means of addressing these claims embedded in constitutions. The increasing threat of climate change effects should be addressed with thoughtful legislation. The next step will be to preempt the influx of inverse condemnation suits by providing a reasoned approach, tailored to the specific regional risks and unique cultural background of each country. Part I reviews expropriation law and the types of claims likely to result from climate change. Part II analyzes relevant constitutional provisions in the United States, South Africa, and Japan. Part III presents conclusions about expropriation claims in light of each country’s legal frameworks and cultural identity.