The Public Trust Doctrine: A Twenty-First Century Concept
Michael C. Blumm
Lewis & Clark Law School
September 4, 2009
Hastings West-Northwest Journal of Environmental Law & Policy, Vol. 14, 2009
Lewis & Clark Law School Legal Studies Research Paper No. 2009-21
This article briefly surveys the evolution of the public trust doctrine in 19th and 20th century America and discusses some notable recent developments, particularly in the doctrine's scope. It also discusses a treatise project on the public trust doctrine the author is undertaking with a colleague as well as three recent student publications the project has produced on the federal common law nature of the doctrine, its applicability to uplands like parks and beaches, and the adoption of the doctrine in the 2008 Great Lakes Compact. The article serves as an introduction to the publication of two of those articles.
Number of Pages in PDF File: 5
Keywords: public trust doctrine, environmental law, public property
JEL Classification: K11, K32, Q 22, Q24, Q25Accepted Paper Series
Date posted: September 8, 2009 ; Last revised: October 5, 2009
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