Funding takings compensation out of agency budgets coerces agencies to self-curb enforcement
Evidence
The practical effect of the proposed laws would have been to confer an economic right—compensable if diminished—on property owners to engage in the very kind of environmentally destructive conduct that the environmental laws had deemed unlawful. … No doubt to ensure just that result, the proposed legislation called for the damage remedies to be paid out of individual agency operating budgets, rather than out of general U.S. Treasury funds. — Richard J. Lazarus, The Making of Environmental Law, 579
Categorization
- XREF: connects to: Self-funding shifts political attack from cost to displacement of private enterprise — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process: Basic Problems in…, 900; Disproportionately harsh sanctions erode their own enforcement because officials decline to use them — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process: Basic Problems in…, 1098; Regulatory opposition shifts from repealing laws to starving enforcement agencies of resources — Albert Bandura, Moral Disengagement: How People Do Harm…, 1528 (+1 more)
Broader Connections
- Regulators are neutralized by budget cuts and concealment rather than direct repeal
#corroborates(0.92) — Albert Bandura, Moral Disengagement, 1528 - Regulatory opposition shifts from repealing laws to starving enforcement agencies of resources
#expands(0.90) — Albert Bandura, Moral Disengagement, 1528 - Disproportionately harsh sanctions erode their own enforcement because officials decline to use them
#corroborates(0.85) — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process, 1098