It also alleges that the government has violated the youths' constitutional rights to due process and equal protection, by endangering them and future generations via actions that cause dangerous carbon dioxide concentrations in the air; and violated a federal
public-trust doctrine that directs the government to safeguard natural resources for current and future residents.
They also discuss the anticommons and the increasing demand for water in industrial and municipal uses and the lower value of water; the
public-trust doctrine and its threat to property rights needed for the functioning of water markets; how water-quality trading has a limited number of real market-like features; the economic implications of using ad valorem taxes assessed on real property in lieu of direct user charges to pay for water development and allocation; the decommissioning of dams; the Delta of the Sacramento-San Joaquin Rivers, water allocation, and the political feasibility of alternative solutions; Los Angeles water sources; and water rights in California.
168) The court explained that Nascimento appears to hold that "all land created by the placing of fill below the mean high tide remains subject to the
public-trust doctrine.
That led to a discussion of English common law, the
public-trust doctrine, and management of public land for multiple use and sustained yield, modified by the RPA, NFMA, ESA, FLPMA, and NEPA.
