Regulating v. Buying the Coast

John Echeverria

 

Synopsis:

This paper will examine some of the legal and policy tensions created by the choice between two popular policy tools for protecting coastal resources - regulating uses of private land in the public interest, and using public and/or private funds to buy coastal properties. The paper will discuss the
potential for use of the acquisition tool to undermine long-standing regulatory authorities, focusing on the different legal and philosophical underpinnings of each tool. The paper will use Lake Winnapaug in Rhode Island, the site of the Palazzolo case, as a case study for examining the tensions between these two tools.