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Full-Text Articles in Law
Fracking The Public Trust, Kevin J. Lynch
Fracking The Public Trust, Kevin J. Lynch
San Diego Journal of Climate & Energy Law
This Article explores the application of the public trust doctrine to fracking, specifically as it relates to regulations designed to prevent harms of continued greenhouse gas (GHG) emissions as a result of the extraction and burning of fossil fuels.
Do Mess With Texas ... ? Why Rolling Easements May Provide A Solution To The Loss Of Public Beaches Due To Climate Change-Induced Landward Coastal Migration, Carolyn Ginno
San Diego Journal of Climate & Energy Law
This paper explores the viability of rolling easements in California as well as how they might be implemented. California has the opportunity to use rolling easement doctrine to fill the public policy vacuum created by the Severance decision. By messing with Texas; precedent, California could utilize rolling easements to preserve public access to its beaches in the wake of coastal inundation resulting from climate change.
Determining whether and how rolling easements might be used in California requires an understanding of climate change as a man-made phenomenon and the impacts it has on coastal property. The next sections will outline this …
Climate Change & The Public Trust Doctrine: An Analysis Of Atmospheric Trust Litigatin, Kassandra Castillo
Climate Change & The Public Trust Doctrine: An Analysis Of Atmospheric Trust Litigatin, Kassandra Castillo
San Diego Journal of Climate & Energy Law
As Professor Charles Wilkinson explains, “The public trust doctrine is rooted in the precept that some resources are so central to the well-being of the community that they must be protected by distinctive, judge-made principles.” Because a healthy and habitable atmosphere is essential to the survival of the human race, it is imperative that the public trust doctrine be interpreted in a way to include the atmosphere within its scope. Civil litigation is an effective legal mechanism to expand the public trust doctrine’s scope by way of the judiciary. Once a state judiciary can determine the applicability of the public …