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Articles 1 - 11 of 11
Full-Text Articles in Law
The Public Trust Doctrine, Property, And Society, Erin Ryan
The Public Trust Doctrine, Property, And Society, Erin Ryan
Scholarly Publications
The public trust doctrine creates a set of sovereign rights and responsibilities with regard to certain resource commons, obligating the state to manage them in trust for the public. In the last century, the doctrine has gradually transformed from an affirmation of sovereign authority over trust resources to a recognition of sovereign responsibility to protect them for present and future generations. Especially in the United States, it has evolved through common, constitutional, and statutory law to protect a broader variety of resources and associated values, including ecological, recreational, and scenic values. Today, the doctrine is frequently invoked in natural resource …
From Mono Lake To The Atmospheric Trust: Navigating The Public And Private Interests In Public Trust Resource Commons, Erin Ryan
Scholarly Publications
This Article partners a summary of the Mono Lake story — one of the all-time great tales of environmental, property, and water law — with additional historical context, expanded legal analysis, and new reporting on contemporary public trust developments, especially Juliana vs. United States and the unfolding atmospheric trust climate litigation. The Mono Lake case and its progeny — in which the public trust doctrine has been applied in contexts ranging from takings litigation to groundwater management to fracking regulation and now to climate change — prompt reflection about the way the public trust doctrine navigates complex conflicts between public …
Environmental Protection Through Constitutional Amendment, Robert T. Mann, Richard Jackson
Environmental Protection Through Constitutional Amendment, Robert T. Mann, Richard Jackson
Florida State University Journal of Land Use and Environmental Law
No abstract provided.
The Public Trust Doctrine, Private Water Allocation, And Mono Lake: The Historic Saga Of National Audubon Society V. Superior Court, Erin Ryan
Scholarly Publications
This Article tells the epic tale of the fall and rise of Mono Lake—the strange and beautiful Dead Sea of California—which fostered some of the most important environmental law developments of the last century, and which has become a platform for some of the most potentially important developments in the new century. It shares the backstory and legacy of the California Supreme Court’s famous decision in National Audubon Society v. Superior Court, 658 P.2d 709 (Cal. 1983), known more widely as “the Mono Lake case.” Inspired by innovative legal scholarship and advocacy, the decision spawned a quiet legal revolution in …
The Public Trust Doctrine, Private Water Allocation, And Mono Lake: The Historic Saga Of National Audubon Society V. Superior Court, Erin Ryan
Scholarly Publications
This article tells the epic tale of the fall and rise of Mono Lake — the strange and beautiful Dead Sea of California — which fostered some of the most important environmental law developments of the last century, and which has become a platform for some of the most potentially important developments in the new century. It shares the backstory and legacy of the California Supreme Court’s famous decision in National Audubon Society v. Superior Court, 658 P.2d 709 (Cal. 1983), known more widely as “the Mono Lake case.” Inspired by innovative legal scholarship and advocacy, the decision spawned a …
Palazzolo, The Public Trust, And The Property Owner's Reasonable Expectations: Takings And The South Carolina Marsh Island Bridge Debate, Erin Ryan
Scholarly Publications
South Carolina recently promulgated new guidelines regulating the State's consideration of requests by private marsh island owners to build bridges for vehicular access through publicly owned marsh and tidelands. Many thousands of these islands hug the South Carolina coast, but they are surrounded by tidelands subject to South Carolina’s formidable public trust doctrine, which obligates the State to manage submerged lands and waterways for the benefit of the public. This piece evaluates the relationship between the public trust doctrine and the takings subtext to the debate over the new guidelines – a relationship that has become particularly interesting in the …
Public Trust And Distrust: The Theoretical Implications Of The Public Trust Doctrine For Natural Resource Management, Erin Ryan
Scholarly Publications
This essay reviews the theoretical underpinnings of the public trust doctrine, received at common law and constitutionalized in many states, and explores its contentious reception by green legal theorists. Since Professor Joseph Sax's revival of the ancient common law doctrine as a vehicle for environmental advocacy in the early 1970s, it has been hailed by many environmentalists as the most powerful tool available for protecting natural resource commons. At the same time, however, it has been attacked by others who argue that use of the property rights-based doctrine reifies an ownership approach to natural resources and obstructs the development of …
A Proposal For Revision Of The Florida Constitution: Environmental Rights For Florida Citizens, Martha L. Harrell
A Proposal For Revision Of The Florida Constitution: Environmental Rights For Florida Citizens, Martha L. Harrell
Florida State University Law Review
No abstract provided.
The Navigability Concept In The Civil And Common Law: Historical Development, Current Importance, And Some Doctrines That Don't Hold Water, Glenn J. Macgrady
The Navigability Concept In The Civil And Common Law: Historical Development, Current Importance, And Some Doctrines That Don't Hold Water, Glenn J. Macgrady
Florida State University Law Review
No abstract provided.
The Florida Environmental Protection Act Of 1971: The Citizen's Role In Environmental Management, Patricia A. Renovitch
The Florida Environmental Protection Act Of 1971: The Citizen's Role In Environmental Management, Patricia A. Renovitch
Florida State University Law Review
No abstract provided.
Florida's Sovereignty Submerged Lands: What Are They, Who Owns Them, And Where Is The Boundary?, Glenn J. Macgrady
Florida's Sovereignty Submerged Lands: What Are They, Who Owns Them, And Where Is The Boundary?, Glenn J. Macgrady
Florida State University Law Review
No abstract provided.