The Public Trust, Atmospheric Pollution, and the Oregon Supreme Court: A Law Professors' Amicus Brief

65 Pages Posted: 14 Jul 2020

See all articles by Michael C. Blumm

Michael C. Blumm

Lewis & Clark Law School

Mary C. Wood

University of Oregon - School of Law

Date Written: July 1, 2020

Abstract

This amicus brief, submitted in support of youth plaintiffs who alleged that the state of Oregon violated its public trust duties in failing to protect trust resources from damage due to greenhouse gas emissions, was signed by 107 law professors. The brief explained the origins of the public trust doctrine, its longstanding application in Oregon, the affirmative duties it imposes on the state, and the supervisory role of the courts in implementing the doctrine. The Oregon Supreme Court has been considering the case for nearly a year by mid-2020.

Keywords: public trust doctrine, environmental law, energy law, natural resources law, water law, ocean law, wetlands law

JEL Classification: K11, K13, K23, K32, Q22, Q25, Q26, Q28, Q48, Q54, Q58

Suggested Citation

Blumm, Michael C. and Wood, Mary C., The Public Trust, Atmospheric Pollution, and the Oregon Supreme Court: A Law Professors' Amicus Brief (July 1, 2020). Available at SSRN: https://ssrn.com/abstract=3643312 or http://dx.doi.org/10.2139/ssrn.3643312

Michael C. Blumm (Contact Author)

Lewis & Clark Law School ( email )

10015 S.W. Terwilliger Blvd.
Portland, OR 97219
United States
503-768-6824 (Phone)
503-768-6701 (Fax)

Mary C. Wood

University of Oregon - School of Law ( email )

1515 Agate Street
Eugene, OR Oregon 97403
United States

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