public trust doctrine


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public trust doctrine

n. the principle that the government holds title to submerged land under navigable waters in trust for the benefit of the public. Thus, any use or sale of the land under water must be in the public interest. Nevertheless, there has been a great deal of use for offshore oil drilling, for landfill, and marine shoreline development, in which protection of the public interest has been dubious at best.

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Two current treatises dedicated exclusively to the public trust doctrine cite well over seventy American judicial decisions of direct relevance to its development.
United States, plaintiffs brought a suit alleging that the United States government had violated certain constitutional rights and the public trust doctrine by failing to take meaningful steps to address climate change.
In this Essay, I will frequently refer to California's plight because it serves as a good case in point, and the public trust doctrine has already been periodically applied by its courts to protect fresh water resources.
Rasmussen rejected assertions that he should order Oregon's state government to take more action to combat climate change, and sided with state attorneys who argued that Oregon's public trust doctrine does not apply to the atmosphere.
The public trust doctrine ensures that each state in the United
33) Although the current public trust doctrine in Florida may succeed in establishing the public's right to access the beach--usually seen through an easement over private property to reach the water--in practice it does not sufficiently protect this right where the public does not have use and enjoyment of the dry sand portion of the beach.
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.
rulings that a state, pursuant to the public trust doctrine, must act to
Most importantly, courts have not applied the public trust doctrine to Congress or the executive.
This casebook focuses on public trust doctrine (PTD), which is the foundation of US and international law on the management of waterways, wildlife, and other natural resources.
The Public Trust Doctrine is supposed to protect public access.

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