Reflections on a Century of “Regulatory Takings” Law
Legal Planet
DECEMBER 29, 2022
Credit: ABA for Law Students. One hundred years ago this month, the U.S. Supreme Court issued a radical constitutional decision that over the last century has proven enormously consequential in a host of environmental, natural resources and public health contexts. In the December 1922 decision Pennsylvania Coal Company v. Mahon , a divided Supreme Court created the constitutional doctrine of “regulatory takings.” A bit of background is required to understand the significance of the
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