Document Type

Article

Disciplines

International Law

Abstract

In the rising sea level and increasing number of devastating storm surges, the changing climate causes damage to coastal property throughout the United States. Transferrable development rights systems are one of several initiatives pursued to mitigate damage to coastal property. Unfortunately, transferrable development rights systems have not realized their potential in protecting these damage-prone areas. Similarly, cap-and-trade systems did not realize their potential in reducing the emission of greenhouse gases when first introduced Over time, mechanics of cap-and-trade systems developed. Eventually, cap-and-trade systems proved to be successful in reducing the emission of greenhouse gases. The successful elements of cap-and-trade systems could and should be implemented into the struggling transferrable development rights systems. In doing so, transferrable development rights systems will learn from the mistakes of early cap-and-trade systems and recognize their true capability in mitigating further damage caused by the rising sea level and increasing number of devastating storm surges.

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