Applying the Public Trust Doctrine to River Protection

Department of Water Resources | June 9th, 2004


The public trust is an ancient doctrine, stemming from Roman law. The Institutes of Justinian state that “by natural law, these things are common property of all: air,

Delta-Estuary California's Inland Coast A Public Trust Report

California State Lands Commission (SLC) | May 1st, 1991


Development of Flow Criteria for the Sacramento-San Joaquin Delta Ecosystem

California State Water Resources Control Board | August 4th, 2010


Water Code section 85086 (See Appendix B), contained in the Delta Reform Act, was enacted as part of the comprehensive package of water legislation adopted in November 20

Effective Implementation of the Public Trust Doctrine in California Water Resources Decision-Making: A View From the Bench

University of California at Berkeley, School of Law | April 12th, 2012


Forty years ago, in his seminal law review article on the public trust doctrine, Professor Joseph L. Sax suggested that “citizens seeking to develop a comprehen

Ensuring the Public Trust

University of California at Davis (UC Davis) | July 1st, 2012


The California Supreme Court's recognition of the public trust doctrine as an integral part of California's water rights system was one of the momentous events in the h

Environmental Law Foundation, et al. Plaintiffs and Respondents, v. State Water Resources Control Board, et al. Defendant, Cross-defendant and Respondent; County of Siskiyou, Defendant, Cross-complainant and Appellant

State of California (California) | August 29th, 2018


Click here to read Brian Gray, Senior Fellow at the Public Policy Institute of California Water Policy Center and a Professor Emeritus at UC Hastings, on this ruling

Judicial Missteps, Legislative Dysfunction, and the Public Trust Doctrine: Can two wrongs make it right?

Harvard Law | December 19th, 2015


Professor Joseph Sax’s environmental law scholarship has inspired generations of lawyers and legal scholars, including my very first law review publication in 1987, whi

Maps, Models, and Mystery: Interconnected Groundwater and the Public Trust

American Bar Association (ABA) | August 10th, 2019


Walk into the office of any water law practitioner, anywhere, and you might think you made a wrong turn and walked into the office of your local cartographer. We are a p

Measuring Cost-Effectiveness of Environmental Water Transactions

Klamath Riverkeeper | August 4th, 2016


The diversion, storage and consumptive use of water in the western United States (US) has drastically altered streamflow, water quality and a raft of ecological, social a

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