Corpus ID: 152366717

The Public Trust Doctrine in Environmental and Natural Resources Law: Chapter 1 (Introduction)

  title={The Public Trust Doctrine in Environmental and Natural Resources Law: Chapter 1 (Introduction)},
  author={Michael C.Da Blumm and Mary Christina Wood},
The public trust doctrine (PTD) is an ancient property law doctrine which first surfaced in Roman law in the Justinian Code, was revived in medieval England largely through the efforts of Sir Mathew Hale, and became entrenched in American law in the nineteenth century through the process of statehood. In the twentieth century, the doctrine became a favorite of the law professoriate and the environmental community for its potential to recognize public rights in private property. Thus, the… 
The public trust doctrine and critical legal geographies of water in California
Abstract Legal processes shape how water resources are allocated, regulated, distributed, and governed. This paper examines the public trust doctrine, a legal principle that addresses the state’s
Doctrinal Environmental Constitutionalism: Moral Limitations on Property Rights in the United States as Human Rights
While political rhetoric in the U.S. often frames regulatory limitations that have virtually any negative effect on property values as compensable, a number of doctrines represent the public’s
Rediscovery and Revival in Islamic Environmental Law: Back to the Future of Nature's Trust
The common ground between religions could be fruitfully promoted in order to call for an effective protection of the climate system. Positioned at a junction of different worlds, this book is a
Applying Public Trust Thinking to Wildlife Governance in the United States: Challenges and Potential Solutions
ABSTRACT Public trust thinking (PTT) promises to inspire ecologically and socially responsible wildlife governance in the United States, but its application is not straightforward. We describe eight
Legal geographies and political ecologies of water allocation in Maui, Hawai‘i
Abstract Throughout the Hawaiian Islands, sugar plantations have controlled a large proportion of water resources for over a century, often leaving little water in streams to support ecosystems or
Towards Unpacking the Theory Behind, and a Pragmatic Approach to Biodiversity Offsets
  • A. Blackmore
  • Economics, Medicine
    Environmental Management
  • 2019
It was discovered that a sound understanding of the public trust doctrine is critical for consistent offset-based decision-making, particularly in those circumstances where an impasse between the potential significant loss to biodiversity and an indispensable need for a development or land-use change arises.
Green criminology: shining a critical lens on environmental harm
  • A. Nurse
  • Sociology
    Palgrave Communications
  • 2017
Green criminology provides for inter-disciplinary and multi-disciplinary engagement with environmental crimes and wider environmental harms. Green criminology applies a broad ‘‘green’’ perspective to
A Legal Analysis of Linking Human Right Approach to Access to Water and Sharing of Trans-Boundary Rivers in South Asia
Sharing of trans-boundary rivers is crucial for ensuring adequate access to water for the people and society in South Asia. Melting of Himalayan glaciers due to climate change, increased pollution,
Access to public resources on private property: Resident hunter perceptions of the commercialization of wildlife in Montana
Abstract The management of public wildlife resources on private property presents unique challenges for state wildlife agencies. Some private landowners in Montana have attempted to capitalize on the


Internationalizing the Public Trust Doctrine: Natural Law and Constitutional and Statutory Approaches to Fulifilling the Saxion Vision
The public trust doctrine, an ancient doctrine emanating from Roman law and inherited from England by the American states, has been extended in recent years beyond its traditional role in protecting
Renouncing the Public Trust Doctrine: An Assessment of the Validity of Idaho House Bill 794
Under the influence of powerful irrigation and timber lobbies, the state of Idaho enacted a law in 1996 which renounced the application of the public trust doctrine to water rights and public land
Modern Public Trust Principles: Recognizing Rights and Integrating Standards
The public trust doctrine has a long history from its beginnings as an obligation on states to hold lands submerged under navigable waters in trust for the public, to its resurgence in the 1970s as a
Public Property and the Democratization of Western Water Law: a Modern View of the Public Trust Doctrine
Professor Blumm traces the evolution of the modern public trust doctrine in the West. He claims the doctrine is best understood by focusing on the remedies courts prescribe for trust violations.
Democracy, Distrust, and the Public Trust: Process-based Constitutional Theory, the Public Trust Doctrine, and the Search for a Substantive Environmental Value
The public trust doctrine has enjoyed a significant renaissance over the last twenty-five years as a tool for judicial review of government decisions to alienate natural resources. The analysis most
The Public Trust Doctrine
From the outsetpolitical and legal theory have long been divided on the question of whether various forms of natural resources are in the original position held in common ownership or, alternatively,
Trust Theory of Environmental Protection, and Some Dark Thoughts on the Possibility of Law Reform
When Professor Joseph Sax wrote his famous Public Trust article in 1970, the environmental movement was in a state of agitation and flux. The status of the public trust theory today seems secure; it
The Public Trust Doctrine, Environmental Human Rights, and the Future of Private Property
A dynamic tension has long existed between those who would circumscribe the Earth's bounty for private use and those who would carefully allot and safeguard Earth's riches to satisfy human needs. The
Equitable Compensation for Public Trust Takings
Under the public trust doctrine, the state is said to hold title to trust resources (most typically land under navigable water but also water itself) in trust for the public. Because of this trust
Fish Out of Water: The Public Trust Doctrine in a Constitutional Democracy
This Article explores various theoretical explanations for the public trust doctrine. The author rejects trust law as unworkable and constitutional law as historically unrelated. The author also