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. Although he sees four distinct categories of remedies in the case law, he asserts that they all...

This brief to the Oregon Supreme Court supports youth plaintiffs' claims that the state's failure to develop and implement a scientifically based plan to reduce greenhouse gas emissions to avoid a climate catastrophe violates the state's public trust doctrine. The brief reviews the history and...

The public trust doctrine is an ancient doctrine of public property law that governs sovereign stewardship of natural resources. The doctrine both promote public access to trust resources and requires sovereign protection of them for the benefit of the public, including future generations. The...

This paper, a celebratory essay marking the 50th anniversary of the first issue of Environmental Law, the nation's oldest and most comprehensive law student-edited law review, discusses the background of the founding of the journal in 1970 and surveys the many symposia and leading articles it...

This is the tables of contents and cases, the preface, and part of the introductory chapter to the 3rd edition of Native American Natural Resources Law, published by Carolina Academic Press. This coursebook is suitable for a 2- or 3-credit course in Indian Law or Environmental and Natural...

In Alec L. v. McCarthy, an atmospheric trust case, the D.C. Circuit, in an unreflective opinion, rejected the plaintiffs’ claim that the public trust doctrine demanded action on the part of the federal government to curb atmospheric greenhouse gas emissions. The court relied on dicta in...

This article explains the numerous environmental protections contained in an unlikely statute, the Federal Power Act, first enacted in 1920. Federally licensed hydropower projects are often the largest influences on streamflows in watersheds, so making the projects environmentally compatible is...

Among the most innovative provisions of the Federal Land Policy and Management Act (FLPMA) of 1976 were those called for the Bureau of Land Management (BLM)to designate public lands as “areas of critical environmental concern” (ACECs) for protective management. In fact, FLPMA made it quite...

Chile, whose public has experienced widespread dissatisfaction with Chilean environmental policies, seems poised to use the ongoing redrafting of its constitution to entrench the public trust doctrine in its fundamental charter. The ancient doctrine, emanating from Roman law and reflected in the...