Richard Epstein is the James Parker Hall Distinguished Service Professor of Law at the University of Chicago Law School and a Hoover Institution senior fellow.
The U.S. Supreme Court, in Tahoe Sierra Preservation Council v. Tahoe Regional Planning Agency, upheld, 6-3, the power of the Lake Tahoe Planning Commission to impose a rolling moratorium on new home construction in the Lake Tahoe basin. Learned pundits widely hailed it as a victory for the community and sound environmental planning over the more provincial interests of individual property owners. Well, that verdict is half right.
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