The Public Trust Doctrine in Environmental and Natural Resources Law PDF Download
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Author: Michael C. Blumm
Publisher:
ISBN: 9781611637236
Category : Conservation of natural resources
Languages : en
Pages : 0
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Book Description
To view or download the 2019 Supplement to this book, click here. The public trust doctrine (PTD), an ancient anti-monopoly precept of property law inherited from Roman and civil law, exists in every United States jurisdiction and several international ones. The PTD, originally concerned with navigation and fishing, has emerged as an organizing principle for natural resources management in the twenty-first century, for it posits government trustees as stewards for both present and future generations. This casebook examines the role of the public trust doctrine in managing waterways, wetlands, water rights, wildlife, the atmosphere, and uplands like beaches and parks. The materials are suited for either an upper-division environmental or natural resources law course or a seminar. The second edition includes important new cases, including the Pennsylvania Supreme Court's landmark Robinson Township decision, the Wisconsin Supreme Court's narrowing of the public trust doctrine in Rock Koshkonong, and several recent cases in the atmospheric trust litigation.
Author: Michael C. Blumm
Publisher:
ISBN: 9781611637236
Category : Conservation of natural resources
Languages : en
Pages : 0
Get Book Here
Book Description
To view or download the 2019 Supplement to this book, click here. The public trust doctrine (PTD), an ancient anti-monopoly precept of property law inherited from Roman and civil law, exists in every United States jurisdiction and several international ones. The PTD, originally concerned with navigation and fishing, has emerged as an organizing principle for natural resources management in the twenty-first century, for it posits government trustees as stewards for both present and future generations. This casebook examines the role of the public trust doctrine in managing waterways, wetlands, water rights, wildlife, the atmosphere, and uplands like beaches and parks. The materials are suited for either an upper-division environmental or natural resources law course or a seminar. The second edition includes important new cases, including the Pennsylvania Supreme Court's landmark Robinson Township decision, the Wisconsin Supreme Court's narrowing of the public trust doctrine in Rock Koshkonong, and several recent cases in the atmospheric trust litigation.
Author: Joseph D. Kearney
Publisher: Cornell University Press
ISBN: 150175467X
Category : Architecture
Languages : en
Pages : 532
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Book Description
How did Chicago, a city known for commerce, come to have such a splendid public waterfront—its most treasured asset? Lakefront reveals a story of social, political, and legal conflict in which private and public rights have clashed repeatedly over time, only to produce, as a kind of miracle, a generally happy ending. Joseph D. Kearney and Thomas W. Merrill study the lakefront's evolution from the middle of the nineteenth century to the twenty-first. Their findings have significance for understanding not only Chicago's history but also the law's part in determining the future of significant urban resources such as waterfronts. The Chicago lakefront is where the American public trust doctrine, holding certain public resources off limits to private development, was born. This book describes the circumstances that gave rise to the doctrine and its fluctuating importance over time, and reveals how it was resurrected in the later twentieth century to become the primary principle for mediating clashes between public and private lakefront rights. Lakefront compares the effectiveness of the public trust idea to other property doctrines, and assesses the role of the law as compared with more institutional developments, such as the emergence of sanitary commissions and park districts, in securing the protection of the lakefront for public uses. By charting its history, Kearney and Merrill demonstrate that the lakefront's current status is in part a product of individuals and events unique to Chicago. But technological changes, and a transformation in social values in favor of recreational and preservationist uses, also have been critical. Throughout, the law, while also in a state of continual change, has played at least a supporting role.
Author: Eric T. Freyfogle
Publisher:
ISBN: 9780314289124
Category : Natural resources
Languages : en
Pages : 0
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Book Description
Hardbound - New, hardbound print book.
Author: Mary Christina Wood
Publisher: Cambridge University Press
ISBN: 0521195136
Category : Law
Languages : en
Pages : 461
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Book Description
This book exposes the dysfunction of environmental law and offers a transformative approach based on the public trust doctrine. An ancient and enduring principle, the public trust doctrine empowers citizens to protect their inalienable property rights to crucial resources. This book shows how a trust principle can apply from the local to global level to protect the planet.
Author: Helen F. Althaus
Publisher:
ISBN:
Category : Eminent domain
Languages : en
Pages : 482
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Book Description
Author: Bonnie J. McCay
Publisher: University of Arizona Press
ISBN: 9780816518043
Category : Nature
Languages : en
Pages : 288
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Book Description
Australia's Northern Territory is twice the size of Texas with a population less than one-tenth that of Houston. How could so vast a place be a setting for environmental abuse? American anthropologist Richard Symanski shows how the Outback's ecology has been drastically altered as Europeans, Aborigines, wild species, and introduced species make their impact on the land and on each other.
Author: David L Callies
Publisher:
ISBN: 9781641057486
Category :
Languages : en
Pages :
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Book Description
"Summary of federal court regulatory takings jurisprudence ripeness under Williams County, the principal feature of Knick, the exceptions to total taking: nuisance and background principles of a state's law of property"--
Author: A. Dan Tarlock
Publisher: Thomson West
ISBN:
Category : Law
Languages : en
Pages : 1296
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Book Description
Author: Joseph L. Sax
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 296
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Book Description
Author: Shefali Soni
Publisher:
ISBN: 9783346204356
Category :
Languages : en
Pages : 28
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Book Description
Academic Paper from the year 2020 in the subject Politics - Environmental Policy, course: BALLB, language: English, abstract: The public trust doctrine (PTD) is a legal concept with ancient roots, and it is increasingly being examined as a framework for modern conservation. At its core, the PTD is based on the idea that certain natural resources cannot be fairly or effectively managed by private owners. Rather, these resources should be held in trust by government, which must manage their consumptive use and protection on behalf of present and future citizens. Although historically the PTD applied to a limited set of natural resources such as shellfish beds and submerged lands, courts and legal scholars have expanded the definition of trust resources to include wildlife, oceans, and ecosystem services generally. The wide range of interpretations of the PTD is seen as both a weakness (because it leads to uncertainty in property ownership) and a strength (because it can adapt to accommodate emerging science about what it takes to protect ecosystems).
