Pondering Palazzolo: Why Do We Continue to Ask the Wrong Questions?
I must confess that I first read the U.S. Supreme Court's opinions in Palazzolo v. Rhode Island1 with more than a bit of apprehension—not just because I was afraid about the fate of the nation's wetlands, but, more selfishly, because there was just the slightest chance that the Justices would abandon the highly problematic and unnecessarily confusing regulatory takings approach once and for all.