15) See infra notes 77-84 and accompanying text (discussing changes in the public trust doctrine
analysis among the states).
It is highly unlikely that a California court would expand the public trust doctrine
to defeat a total taking claim such as PLCO's.
cannot conclude that the atmosphere is a 'resource' to which the public trust doctrine
proponents of a much-expanded public trust doctrine
propose for courts
Rasmussen instead sided with the state, whose lawyers argued that Oregon's public trust doctrine
applies only to "submerged and submersible lands" and not to the air, wildlife, beaches and shorelands.
Blumm & Mary Christina Wood, The Public Trust Doctrine
in Environmental and Natural Resources Law 3-7 (2013).
the public trust doctrine
vested the state with ownership of the beds of tidal waters below the mean high water line, and of nontidal, navigable waters, below the ordinary high water line.
Recent developments in the public trust doctrine
may provide much needed answers.
free speech debates, a public trust doctrine
approach to speech on
Moreover, more public control and management of water under the public trust doctrine
is counter to trends with other natural resources where government regulation has been found wanting.
Most importantly, courts have not applied the public trust doctrine
to Congress or the executive.
The public trust doctrine
in environmental and natural resources law.