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 is applicable.
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.
