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U.S. Department of Energy
Office of Scientific and Technical Information

Coastal conflicts and the courts

Journal Article · · Resources; (United States)
OSTI ID:5098655
Evidence of a growing conflict over Federal versus State management of coastal waters is seen in several court cases involving tankers, leases, and development. The historical failure of the private markets to correctly value coastal resources led to Federal legislation of a management framework through the Coastal Zone Management Act, the Coastal Energy Impact Program, and Outer Continental Shelf Lands Act. How the individual states develop the coastal programs and how the courts resolve present conflicts will determine the nature of their interaction with Federal agencies. West Coast states are taking the approach of license and permit regulation, which fails to assess costs and benefits and does not address the question of compensation to property owners suffering losses. An alternative would be to use transferable development rights to generate funds for compensation. The resolution of future conflicts is expected to continue to be by legal and political compromise.
OSTI ID:
5098655
Journal Information:
Resources; (United States), Journal Name: Resources; (United States) Vol. 57; ISSN RESUB
Country of Publication:
United States
Language:
English