The Public Trust Doctrine in Forty-Five States

Abstract

This compendium examines the public trust doctrine in 45 different states, discussing various approaches of the states to the origins and basis of the doctrine as well as to the natural resources burdened, the purposes served, and the ability of the public to enforce the doctrine. The states analyzed are Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Hawaii, Idaho, Illinois, Iowa, Kansas, Louisiana, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Jersey, New Mexico, New York, North Dakota, Oregon, Pennsylvania, Rhode Island, South Dakota, Texas, Utah, Vermont, Virginia, Washington, Wisconsin, and Wyoming. We think these analyses, by Lewis and Clark Law students, may be useful both to government officials and to practitioners in these states, so we are making them available now, although we intend to complete all 50 states in 2014.

New states added in 2014 include Delaware, Florida, Georgia, New Hampshire, North Carolina, Maine, Oklahoma, and South Carolina.

Keywords: public trust doctrine, natural resources law, environmental law, citizen enforcement, sovereign ownership

JEL Classification: H11, H82, K11, K23, K32, K33, K41, N51, N52, 013, Q22, Q24, Q26, Q28