The Public Trust, Atmospheric Pollution, and the Oregon Supreme Court: A Law Professors' Amicus Brief
65 Pages Posted: 14 Jul 2020
Date Written: July 1, 2020
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: Suggested Citation