The Public Trust Doctrine in Natural Resource Law: Effective Judicial Intervention

Berkeley Law Scholarship Repository | January 1st, 1969

Public concern about environmental quality is beginning to be felt in the courtroom. Private citizens, no longer willing to accede to the efforts of administrative agenci

Public concern about environmental quality is beginning to be felt in the courtroom. Private citizens, no longer willing to accede to the efforts of administrative agencies to protect the public interest, have begun to take the initiative themselves. One dramatic result is a proliferation of lawsuits in which citizens, demanding judicial recognition of their rights as members of the public, sue the very governmental agencies which are supposed to be protecting the public interest. While this Article was being written, several dozen such suits were initiated-to enforce air and water pollution laws in states where public agencies have been created for that purpose; to challenge decisions of the Forest Service about the use of public land under its control; to question the Secretary of the Interior's regulation of federal offshore oil leases; and, in a myriad of cases against state and local officials, to examine airport extensions, highway locations, the destruction of parklands,  dredging and filling, oil dumping, and innumerable other governmental decisions dealing with resource use and management.  

The Public Trust Doctrine: Assessing Its Recent Past & Charting Its Future

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

For over four decades, the public trust doctrine has served as a foundational principle of modern environmental and natural resources law. This issue of the UC Davis Law

For over four decades, the public trust doctrine has served as a foundational principle of modern environmental and natural resources law. This issue of the UC Davis Law Review , and the related, major symposium that drew a standing-room-only audience to King Hall in March 2011, demonstrate the continuing vitality of the public trust. The scholarship featured in these pages continues the UC Davis Law School’s leadership role concerning the doctrine, examines its recent development, and poses key questions regarding its future course. Much has been written about the public trust doctrine, and the articles in this volume explore many of its nuances and implications. Simply stated, however, the doctrine provides that certain natural resources are held by the government in a special status — in “trust” — for current and future generations. Government officials may neither alienate those resources in to private ownership nor permit their injury or destruction. To the contrary, those officials have an affirmative, ongoing duty to safeguard the long-term preservation of those resources for the benefit of the general public.