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Full-Text Articles in Law
Emerging Best Practices In International Atmospheric Trust Case Law, Rachel M. Pemberton, Michael Blumm
Emerging Best Practices In International Atmospheric Trust Case Law, Rachel M. Pemberton, Michael Blumm
Utah Law Review
With climate change litigation proliferating throughout the world, a substantial body of case law is emerging. As part of a project of the IUCN World Commission on Environmental Law's Climate Change Specialist Group, this Article, a version of which will be included in a “Judicial Handbook on Climate Litigation,” explains the public trust doctrine’s influence on climate change litigation internationally. We select what we view as judicial “best practices” as a kind of restatement of international atmospheric trust law in 2022. International atmospheric trust law is at the forefront of many best practices, as state and federal courts in the …
Pure As Running Water: A Constitutional Argument For Utah’S Public Trust Doctrine, Brandon S. Fuller
Pure As Running Water: A Constitutional Argument For Utah’S Public Trust Doctrine, Brandon S. Fuller
Utah Law Review
Water rights in America, particularly in western states, have been a pervasive source of legal contention. The histories of these water rights, and the public trust doctrine more broadly, have created a tremendously complex area of law. This field of law is very old and draws on policy concerns stretching back to 100 B.C., overlapping federal and state powers and precedents, and what can only be described as one of the longest games of jurisprudential telephone in existence. As a result, anyone seeking to challenge a state statute, court opinion, or regulation, which they believe impermissibly restricts the public’s right …