This Article is the second part of a two-part work that highlights the fiduciary obligation of government emanating from the public trust doctrine of environmental law. This Part explores the measurable standards of performance for protecting vital natural assets in the people’s trust as...

Leading climate scientists warn that Earth is in “imminent peril,” on the verge of runaway climate heating that will impose catastrophic conditions on generations to come. In the face of government recalcitrance this article proposes atmospheric trust litigation which would force carbon...

This article is the first part of a two-part analysis that maps out a tribal role in the growing conservation trust movement, which uses transactional property mechanisms to achieve natural resource protection on private lands. Since conquest, tribes have been divested of their traditional...

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...

In November 2016, just two days after the election of President Donald Trump, the federal district court in Oregon handed down Juliana v. Obama, a remarkable decision that refused to dismiss a lawsuit brought by youth plaintiffs who claimed that federal government's fossil fuel policies over the...