Keystone Bituminous Coal Assn. v. DeBenedictis

Reflections on a Century of “Regulatory Takings” Law

A Century Ago, the Supreme Court Created a Transformative Legal Doctrine Out of Whole Cloth

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 …

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