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The Public Trust Doctrine: Accommodating The Public Need Within Constitutional Bounds—Orion Corp. V. State, 109 Wash. 2d 621, 747 P.2d 1062 (1987), Cert. Denied, 108 S. Ct. 1996 (1988), Steven W. Turnbull
Washington Law Review
Following decades of neglecting its public trust duties, Washington now accepts the public trust doctrine as a permanent fixture in its law. In Orion Corp. v. State, the Washington Supreme Court reaffirmed the state's sovereign interest as the public's trustee in its tidelands, marshes, and shorelands. The court declared that private use of protected trust lands must conform to the public's interest in navigation, fishing, and recreation, and must not be harmful to the land's dependent wildlife. The court, however, declined to define the public trust's reach, stating only that it is coextensive with the public need. This standard suggests …
The Public Trust Doctrine: Accommodating The Public Need Within Constitutional Bounds—Orion Corp. V. State, 109 Wash. 2d 621, 747 P.2d 1062 (1987), Cert. Denied, 108 S. Ct. 1996 (1988), Steven W. Turnbull
Washington Law Review
Following decades of neglecting its public trust duties, Washington now accepts the public trust doctrine as a permanent fixture in its law. In Orion Corp. v. State, the Washington Supreme Court reaffirmed the state's sovereign interest as the public's trustee in its tidelands, marshes, and shorelands. The court declared that private use of protected trust lands must conform to the public's interest in navigation, fishing, and recreation, and must not be harmful to the land's dependent wildlife. The court, however, declined to define the public trust's reach, stating only that it is coextensive with the public need. This standard suggests …
New Uses Of International Law In The North Pacific, Douglas M. Johnston
New Uses Of International Law In The North Pacific, Douglas M. Johnston
Washington Law Review
Since all marine fisheries are either shared or shareable and constitute a renewable resource, broad policy problems of fishery use, both by "have" and "have not" fishing states, always have an international aspect and involve considerations of both development and conservation. In few areas of international law is the challenge to our reason and imagination so acute; and seldom do jurists so obviously require the services of the natural sciences. Yet fishery science, now engaging a small but growing number of specialists from biology and related disciplines, is still unable to provide an adequate factual basis for the sophisticated articulation …
New Uses Of International Law In The North Pacific, Douglas M. Johnston
New Uses Of International Law In The North Pacific, Douglas M. Johnston
Washington Law Review
Since all marine fisheries are either shared or shareable and constitute a renewable resource, broad policy problems of fishery use, both by "have" and "have not" fishing states, always have an international aspect and involve considerations of both development and conservation. In few areas of international law is the challenge to our reason and imagination so acute; and seldom do jurists so obviously require the services of the natural sciences. Yet fishery science, now engaging a small but growing number of specialists from biology and related disciplines, is still unable to provide an adequate factual basis for the sophisticated articulation …