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Schedule Registration Housing |
| Friday, January 7, 2000 8:30-10:15 a.m. |
Delaware Suite B Marriott Wardman Park Hotel Lobby Level |
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Section on Natural Resources |
|
| William F. Funk, Lewis & Clark Northwestern School of Law, Chair |
| Regulatory Takings |
| Moderator: | |
| William F. Funk, Lewis & Clark Northwestern School of Law | |
| Speaker: | |
| The Honorable S. Jay Plager, Judge, U.S. Court of Appeals, Federal Circuit, Washington, D.C. | |
| Commentators: | |
| Eric T. Freyfogle, University of Illinois Richard James Lazarus, Georgetown University |
| From wetlands to grazing, from beaches to forests, from mining to mall development, regulations, usually environmental regulations, increasingly restrict the use of natural resources. When the restriction goes "too far," it is a Taking requiring just compensation. While the Supreme Court in recent years has established that the total deprivation of economic value goes too far, Lucas v. South Carolina Coastal Council, and that a regulatory exaction must bear a rough proportionality to the impact of the proposed development, Dolan v. City of Tigard, the federal court that most often must apply these rules is the U.S. Court of Appeals for the Federal Circuit, and this court has been making its own Regulatory Takings law. |
| Judge Plager, a former dean and professor of environmental law, who went from President Reagan's last Director of OMB's regulatory oversight group, the Office of Information and Regulatory Affairs, to one of President Bush's first judicial appointees, has been one of the judges making this law. Judge Plager will present some of his ideas concerning Takings jurisprudence. Then, Professors Lazarus and Freyfogle will comment on Judge Plager's views and offer their own. Substantial time will be left for give-and-take with the audience. |
| Business Meeting at Program Conclusion |