TITLE

A Window into the Regulated Commons: The Takings Clause, Investment Security, and Sustainability

AUTHOR(S)
Eagle, Josh
PUB. DATE
May 2007
SOURCE
Ecology Law Quarterly;2007, Vol. 34 Issue 2, p619
SOURCE TYPE
Academic Journal
DOC. TYPE
Article
ABSTRACT
The holding of the U.S. Court of Appeals for the Federal Circuit in American Pelagic Fishing Co. v. United States points to the conclusion that the government will almost never be liable, under the Takings Clause, when fisheries regulations reduce the value of commercial fishing permits, vessels, or gear. From the perspective of natural resource economics, this is a healthy result. Economists suggest that solving commons problems requires that natural resources be under the complete control of a sole owner who makes self-interested decisions about resource use, and if the Fifth Amendment required the government owner to compensate fishermen when it tightened regulations, it would hamper the government's ability to regulate optimally. One problem with the economic theory of commons solution, however, is that it does not distinguish between sole private ownership and sole government ownership in terms of their application. In this Article, I argue that government ownership is fraught with problems that do not occur in the private ownership context. To the extent that government resource owners rely on entrepreneurs to capture and sell natural resources, the government must play two roles: regulator and facilitator. These roles frequently come into conflict, inevitably compromising the effectiveness of regulation. Furthermore, entrepreneurs have incentives to lobby against long-term conservation. The poor condition of United States fisheries is proof that these two problems--government's dual role and fishermen's lobbying--are preventing the Magnuson-Stevens Fishery Conservation and Management Act from achieving its goal of sustainable fisheries. Until the Act is changed to rescue both fishermen's incentive to lobby against conservation and the likelihood that regulators will accede to their demands, it will probably not succeed.
ACCESSION #
28059214

 

Related Articles

  • Contract Types.  // Army Lawyer;Jan2001, Issue 338, p6 

    Focuses on the decision of the United States Court of Appeals for the Federal Circuit concerning the improper use of the fixed-price contract. Illegality of fixed price incentive contract; Discretion of the contracting parties on contract type; Revision of FAR rule for multiple award indefinite...

  • Magnuson Act alert. Garfield, Curt // Salt Water Sportsman;Sep94, Vol. 55 Issue 9, p28 

    Reports on the status of legislation on marine fishing in the United States. Reauthorization of the Magnuson Fishery Conservation and Management Act; Call for public support for Resolution 4404; Roster of solons to write to for participation in the conservation movement.

  • HMS Act Rolling Ahead. Gibson, Barry // Salt Water Sportsman;Jul2000, Vol. 61 Issue 7, p10 

    Editorial. Comments on the support of the United States Senate Commerce Committee for the Atlantic Highly Migratory Species Conservation Act, a legislation that protects migratory saltwater fishes.

  • In wake of fishing decline, tighter safety net is stitched. Knickerbocker, Brad // Christian Science Monitor;10/27/95, Vol. 87 Issue 233, p4 

    Focuses on some of the steps taken to deal with the decline in fisheries around the world. Details of the same; Findings of the American Oceans Campaign, an environmental group based in Santa Monica, California; Note on the fisheries conservation measures.

  • Fish are on the congressional plate. Baker, Beth // BioScience;Jul/Aug95, Vol. 45 Issue 7, p445 

    Focuses on the United States Congress' plans for the reauthorization of the Magnuson Fishery Conservation and Management Act of 1976. View held by biologists and conservationists regarding the legislation; Background on the Magnuson Act; Recommendations made by scientific and conservation...

  • Federal Circuit Endorses Eichleay.  // Army Lawyer;Jul94, Issue 260, p36 

    Reports on the endorsement of the United States Court of Appeals for the Federal Circuit on the use of Eichleay formula to calculate unabsorbed overheard costs following certain government-caused delays in construction contracts.

  • ACQUISITION LAW.  // Reporter;Mar2000, Vol. 27 Issue 1, p11 

    Focuses on the legal and financial consequences of violating Congressional research and development (R&D) contracts in the United States. Decision of United Court of Appeals for the Federal Circuit on the case of American Telephone and Telegraph Company and Lucent Technologies v. United States;...

  • Federal court hears case on interstate recognition of same-sex adoption. Rudolph, Dana // Bay Windows;1/27/2011, Vol. 29 Issue 7, p5 

    The article offers information on the U.S. Federal Circuit Court case, where the Louisiana State Registrar, Darlene Smith, refused to issue a new birth certificate to a child that was born in Louisiana, but is adopted by a gay couple in New York.

  • Appeal court overturns Metso patent ruling.  // Construction Europe;Jun2013, Vol. 24 Issue 5, p10 

    The article reports on the rejection by the U.S. Court of Appeals for the Federal Circuit of a 2011 ruling that Powerscreen, Terex Corp. and two U.S. dealers has breached Metso's patent protection of its mobile screening equipment.

Share

Read the Article

Courtesy of VIRGINIA BEACH PUBLIC LIBRARY AND SYSTEM

Sorry, but this item is not currently available from your library.

Try another library?
Sign out of this library

Other Topics