should automatically give rise to pecuniary liability for a "temporary taking." Id, at 653-661. Notwithstanding the unprecedented chilling effect that such a rule will obviously have on public officials charged with the responsibility for drafting and implementing regulations designed to protect the environment [483 U.S. 825, 867] and the public welfare, six Members of the Court recently endorsed JUSTICE BRENNAN'S novel proposal. See First English Evangelical Lutheran Church, supra I write today to identify the severe tension between that dramatic development in the law and the view expressed by JUSTICE BRENNAN's dissent in this case that the public interest is served by encouraging state agencies to exercise considerable flexibility in responding to private desires for development in a way that threatens the preservation of public resources. See ante, at 846-848. I like the hat that JUSTICE BRENNAN has donned today better than the one he wore in San Diego, and I am persuaded that he has the better of the legal arguments here. Even if his position prevailed in this case, however, it would be of little solace to landuse planners who would still be left guessing about how the Court will react to the next case, and the one after that. As this case demonstrates, the rule of liability created by the Court in First English is a shortsighted one. Like JUSTICE BRENNAN, I hope that "a broader vision ultimately prevails." Ante, at 864. I respectfully dissent. Suppose you were a Supreme Court justice, how would you decide this case? Do you concur or dissent with Justice Scalia? Begins like this