736
Opinion of the Court
ing ordinances restricting the number of houses they could build on their property sued without seeking approval for any particular development on their land. We held that the only issue justiciable at that point was whether mere enactment of the statute amounted to a taking.10 Id., at 260. Without employing the term "ripeness," the Court explained that because the owners "ha[d] not submitted a plan for development of their property as the [challenged] ordinances permit[ted], there [was] as yet no concrete controversy regarding the application of the specific zoning provisions." Ibid.
The following Term, Hodel v. Virginia Surface Mining & Reclamation Assn., Inc., 452 U. S. 264 (1981), toughened our nascent ripeness requirement. There, coal producers and landowners challenged the enactment of the Surface Mining Control and Reclamation Act of 1977, 30 U. S. C. § 1201 et seq., as a taking of their property. As in Agins, we concluded that an as-applied challenge was unripe, reasoning that "[t]here is no indication in the record that appellees ha[d] availed themselves of the opportunities provided by the Act to obtain administrative relief by requesting . . . a variance from the [applicable provisions of the Act]," 452 U. S., at 297.11 Hodel thus held that where the regulatory regime
nal].' Since appellants have not sought approval for the construction of a smaller structure, we do not know that appellants will be denied any use of any portion of the airspace above the Terminal." Id., at 136-137 (citation omitted).
10 Such "facial" challenges to regulation are generally ripe the moment the challenged regulation or ordinance is passed, but face an "uphill battle," Keystone Bituminous Coal Assn. v. DeBenedictis, 480 U. S. 470, 495 (1987), since it is difficult to demonstrate that " 'mere enactment' " of a piece of legislation "deprived [the owner] of economically viable use of [his] property." Hodel v. Virginia Surface Mining & Reclamation Assn., Inc., 452 U. S. 264, 297 (1981). Suitum does not purport to challenge the agency's regulations on their face.
11 As in Agins, we found the Hodel plaintiffs' "facial" takings challenge to be ripe, but ruled it out on the merits. 452 U. S., at 295-297.
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