floods

Temporary Takings and the Adaptation Dilemma

Current law penalizes adaptation measures because of the risk of takings liability.

Is it unconstitutional for the government to build a levee that reduces the risk of urban flooding but diverts the water to nearby farmlands?  The answer could be yes, unless the government pays for flood easements on the rural lands. But if the government doesn’t build the levee, it faces no liability from the urban …

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Another Dam Climate Adaptation Problem

Report Suggests That Poor Management Intensified Kerala Flood Devastation

The Economic and Political Weekly is one of India’s most prestigious journals: for decades it has enjoyed a unique role in driving the Union’s policy conversation, partly because it is peer-reviewed. And this week, it contains a devastating report about how poor dam management exacerbated Kerala’s horrific floods. It’s an obvious issue: if dams have …

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