ABSTRACT
This chapter indicates that property rights interest groups have served the role of informing the courts of issues and interests surrounding regulatory takings cases. It focuses on those multiple decision-making avenues available to regulatory agencies that confront regulatory takings litigation, and are potentially susceptible to a chilling effect. The chapter looks at enforcement of the Surface Mining Control and Reclamation Act (SMCRA), the doctrinal history of regulatory takings cases against SMCRA implementation could not be exhaustively summarized in this chapter. It then focuses on the agencies charged with enforcing SMCRA, and considers the potential for regulatory takings litigation to have a chilling effect on regulatory behavior. The chapter expresses that the social mobilization of private property rights through regulatory takings litigation is an effort to reconfigure the authority of the courts in relation to administrative agencies. It focuses on those continuities which provide a force of regulatory stability in the face of litigious deregulatory pressure.
