Download or read book Property Rights and the Public Trust Doctrine in Environmental Protection and Natural Resource Conservation written by Jedidiah Brewer and published by . This book was released on 2009 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: We examine the implications of the public trust doctrine in natural resource protection and conservation. A model of litigation and settlement among disputing parties suggests that the public trust doctrine introduces more costs and is more time consuming than would be the case with alternative approaches, such as the purchase of private rights through market transactions or application of eminent domain powers to reallocate the resource. Because the doctrine allows for uncompensated redistribution, it is resisted by current resource owners. Furthermore, by providing open standing to members of the public in challenging existing uses, public trust disputes encourage excessive demands, increasing the incidence of trial over settlement. This outcome is exacerbated if the plaintiffs derive utility from the cause and provide litigation services at below-market rates, leading to greater investment in litigation. The costs of the public trust doctrine appear to have limited its application beyond the level anticipated by proponents. We present a case study of Mono Lake, part of the well-known 1983 litigation, National Audubon v. Superior Court to illustrate our arguments.
Download or read book The Public Trust Doctrine in Environmental and Natural Resources Law written by Michael C. Blumm and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: To view or download the 2019 Supplement to this book, click here. The public trust doctrine (PTD), an ancient anti-monopoly precept of property law inherited from Roman and civil law, exists in every United States jurisdiction and several international ones. The PTD, originally concerned with navigation and fishing, has emerged as an organizing principle for natural resources management in the twenty-first century, for it posits government trustees as stewards for both present and future generations. This casebook examines the role of the public trust doctrine in managing waterways, wetlands, water rights, wildlife, the atmosphere, and uplands like beaches and parks. The materials are suited for either an upper-division environmental or natural resources law course or a seminar. The second edition includes important new cases, including the Pennsylvania Supreme Court's landmark Robinson Township decision, the Wisconsin Supreme Court's narrowing of the public trust doctrine in Rock Koshkonong, and several recent cases in the atmospheric trust litigation.
Download or read book Property Rights and Sustainability written by David Grinlinton and published by Martinus Nijhoff Publishers. This book was released on 2011-04-11 with total page 449 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a unique and thought provoking exploration of how property concepts can be substantially reshaped to meet ecological challenges. It takes the discussion beyond its traditional parameters and offers new insights into conceptualizing and justifying property systems, in an age of ecological consequences.
Download or read book Natural Resources Policy and Law written by Lawrence J. MacDonnell and published by . This book was released on 1993 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: Lawrence J. MacDonnell is director and Sarah F. Bates is associate director of the Natural Resources Law Center at the University of Colorado School of Law. Bates is co-author, with Marc Reisner of Overtapped Oasis.
Download or read book Environmental and Natural Resources Law written by Eric Pearson (Professor) and published by Ingram. This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: View or download the free 2014 Online Supplement for this product. Taken in its expansive sense, "environmental and natural resources law" encompasses pollution control law, energy allocation and conservation law, species and habitat protection, common law property rights, and a host of other areas. Often, this massive body of legal material is divided into two courses, the Environmental Law course dealing primarily with pollution control and the Natural Resources course covering the remainder. This casebook combines the two areas. As a survey course, the expansion of subject matter coverage allows the student a fuller understanding of the "playing field" and the generic issues that arise across this wide spectrum of material. The wider coverage, moreover, should suit both students who want a once-through general understanding of this area of the law as well as those seeking a foundation for more intense future study. Environmental and Natural Resources Law is divided into three parts: First, the book presents 'foundational' material, which includes information on common law remedies, federalism issues, and a bit of the history of the environmental movement that has led to the current network of legal controls. Next, the book covers natural resources law, including the National Environmental Policy Act, the Endangered Species Act, and the public trust doctrine. Also included is optional coverage of federal lands and water rights. Finally, the book surveys pollution control and remediation, discussing the Clean Air Act, the Clean Water Act, the Resource Conservation and Recovery Act, and the 'Superfund' law (CERCLA) in successive chapters. Environmental and Natural Resources Law concentrates on the mechanics of regulatory programs so that students may learn how to read and understand complex statutes, why regulatory initiatives have come into being, and how the various regulatory programs are structured. A Teacher's Manual is available to professors. The Fourth edition of Environmental and Natural Resources Law has the following updates: Survey coverage of both environmental law and natural resources law Update on the domestic law of climate change Emphasis on structure of regulation: federalism; statutory and common law; role of administrative agencies Program-by-program coverage Historical information about the environmental movement Emphasis on developing students? abilities to work with complex statutes This book also is available in a three-hole punched, alternative loose-leaf version printed on 8.5 x 11 inch paper with wider margins and with the same pagination as the hardbound book.
Download or read book The Public Trust Doctrine in Environmental and Natural Resources Law written by Michael C. Blumm and published by . This book was released on 2021 with total page 616 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Property Rights and Natural Resources written by Richard Barnes and published by Bloomsbury Publishing. This book was released on 2009-04-22 with total page 472 pages. Available in PDF, EPUB and Kindle. Book excerpt: Winner of the SLS Peter Birks Prize for Outstanding Legal Scholarship 2009. The use of private property rights to regulate natural resources is a controversial topic because it touches upon two critical issues: the allocation of wealth in society and the conservation and management of limited resources. This book explores the extension of private property rights and market mechanisms to natural resources in international areas from a legal perspective. It uses marine fisheries to illustrate the issues that can arise in the design of regulatory regimes for natural resources. If property rights are used to regulate natural resources then it is essential that we understand how the law and values embedded within legal systems shape the development and operation of property rights in practice. The author constructs a version of property that articulates both the private and public function of property. This restores some much needed balance to property discourse. He also assesses the impact of international law on the use of property rights-a much neglected topic-and shows how different legal and socio-political values that inhere in different legal regimes fundamentally shape the construction of property rights. Despite the many claimed benefits to be had from the use of private property rights-based management systems, the author warns against an uncritical acceptance of this approach and, in particular, questions whether private property rights are the most suitable and effective arrangement of regulating of natural resources. He suggests that much more complex forms of holding, such as stewardship, may be required to meet physical, legal and moral imperatives associated with natural resources.
Download or read book Environmental and Natural Resources Law written by Eric Pearson and published by . This book was released on 2012-08 with total page 732 pages. Available in PDF, EPUB and Kindle. Book excerpt: View or download the free 2014 Online Supplement for this product. Taken in its expansive sense, "environmental and natural resources law" encompasses pollution control law, energy allocation and conservation law, species and habitat protection, common law property rights, and a host of other areas. Often, this massive body of legal material is divided into two courses, the Environmental Law course dealing primarily with pollution control and the Natural Resources course covering the remainder. This casebook combines the two areas. As a survey course, the expansion of subject matter coverage allows the student a fuller understanding of the "playing field" and the generic issues that arise across this wide spectrum of material. The wider coverage, moreover, should suit both students who want a once-through general understanding of this area of the law as well as those seeking a foundation for more intense future study. Environmental and Natural Resources Law is divided into three parts: First, the book presents 'foundational' material, which includes information on common law remedies, federalism issues, and a bit of the history of the environmental movement that has led to the current network of legal controls. Next, the book covers natural resources law, including the National Environmental Policy Act, the Endangered Species Act, and the public trust doctrine. Also included is optional coverage of federal lands and water rights. Finally, the book surveys pollution control and remediation, discussing the Clean Air Act, the Clean Water Act, the Resource Conservation and Recovery Act, and the 'Superfund' law (CERCLA) in successive chapters. Environmental and Natural Resources Law concentrates on the mechanics of regulatory programs so that students may learn how to read and understand complex statutes, why regulatory initiatives have come into being, and how the various regulatory programs are structured. A Teacher's Manual is available to professors. The Fourth edition of Environmental and Natural Resources Law has the following updates: Survey coverage of both environmental law and natural resources law Update on the domestic law of climate change Emphasis on structure of regulation: federalism; statutory and common law; role of administrative agencies Program-by-program coverage Historical information about the environmental movement Emphasis on developing students? abilities to work with complex statutes This book also is available in a three-hole punched, alternative loose-leaf version printed on 8.5 x 11 inch paper with wider margins and with the same pagination as the hardbound book.
Download or read book The status of public trust doctrine in India written by Shefali Soni and published by GRIN Verlag. This book was released on 2020-07-09 with total page 26 pages. Available in PDF, EPUB and Kindle. Book excerpt: Academic Paper from the year 2020 in the subject Politics - Environmental Policy, , course: BALLB, language: English, abstract: The public trust doctrine (PTD) is a legal concept with ancient roots, and it is increasingly being examined as a framework for modern conservation. At its core, the PTD is based on the idea that certain natural resources cannot be fairly or effectively managed by private owners. Rather, these resources should be held in trust by government, which must manage their consumptive use and protection on behalf of present and future citizens. Although historically the PTD applied to a limited set of natural resources such as shellfish beds and submerged lands, courts and legal scholars have expanded the definition of trust resources to include wildlife, oceans, and ecosystem services generally. The wide range of interpretations of the PTD is seen as both a weakness (because it leads to uncertainty in property ownership) and a strength (because it can adapt to accommodate emerging science about what it takes to protect ecosystems).
Download or read book Public Trusts written by Rick Applegate and published by . This book was released on 1976 with total page 206 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Environmental Law and Policy written by Zygmunt J.B. Plater and published by Aspen Publishing. This book was released on 2016-06-20 with total page 1520 pages. Available in PDF, EPUB and Kindle. Book excerpt: Environmental Law & Policy: Nature, Law & Society is a coursebook designed to access the law of environmental protection through a “taxonomic” approach, exploring the range of legal structures and legal methodologies of the field—rather than simply designing it according to air, water, toxics, etc. as subject media (which often results in duplicative legal coverage). All the major subject areas of pollution and resource conservation are covered, but they are covered according to the legal approaches they represent. The book is “Saxist,” because it originally arose and continues to carry on themes from the teaching, guidance, and writings of the late Joseph Sax, the eminent pioneer of the environment law field who emphasized the interaction between common law and public law statutory structures, and introduced the public trust doctrine as a thread undergirding and running through the entire field of environmental law. Key Features: Includes teaching analysis of the completely-revised Toxics Substances Control Act by co-author Robert Graham, Esq. of Jenner & Block who is advising corporate clients on the new law. Coverage of the Dec 2015 Paris COP-21 climate agreement in its several different aspects, incorporating analysis by coauthor Prof David Wirth who played an active role in international preparations for the Paris accord. Expanded material on carbon pricing, until recently widely thought to be a politically impossible alternative avenue for mitigation of global climate disruption. Tracking major recent revisions in toxic substance regulation, with essential comparisons to the current European model of market access chemical regulation. An updated guide through the complexities of tensions between private property rights and environmental protections, and an innovative clarification of recent Supreme Court caselaw. An innovative chapter on official “planning”— a basic and problematic element of environmental governance, whether at the local level or national public lands level. The purchase of this Kindle edition does not entitle you to receive 1-year FREE digital access to the corresponding Examples & Explanations in your course area. In order to receive access to the hypothetical questions complemented by detailed explanations found in the Examples & Explanations, you will need to purchase a new print casebook.
Download or read book Putting the Public Trust Doctrine to Work written by David C. Slade and published by . This book was released on 1990 with total page 418 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Nature s Trust written by Mary Christina Wood and published by Cambridge University Press. This book was released on 2014 with total page 461 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book exposes the dysfunction of environmental law and offers a transformative approach based on the public trust doctrine. An ancient and enduring principle, the public trust doctrine empowers citizens to protect their inalienable property rights to crucial resources. This book shows how a trust principle can apply from the local to global level to protect the planet.
Download or read book In Land We Trust written by African Centre for Technology Studies and published by Zed Books. This book was released on 1996 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Land tenure is a sensitive issue in Africa and a central theme in the demand for political and economic reform in the region. While traditional development strategies aim for maximum economic growth, new approaches emphasize conservation. The governing of land use is also central to the overall scheme of national governance - the constitution. This book examines the relationship between land ownership and the conservation of natural resources, using the case of Kenya. It proposes specific measures for achieving a balance between private ownership and public interest, and between conservation and economic growth"--Publisher's description.
Download or read book What the Public Trust Doctrine Can Teach Us About the Police Power Penn Central and the Public Interest in Natural Resource Regulation written by Robin Kundis Craig and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of Joseph Sax's recurring scholarly concerns was how to effectuate and preserve the substantial and long-term public interest in natural resources, and he was drawn to the public trust doctrine in part because that doctrine explicitly recognizes that public rights in those resources, particularly water, do exist. Following in Sax's tradition, this Article argues that the public trust doctrine can serve to illuminate structural and analytical problems with regulatory takings doctrine, which has had a much more difficult time acknowledging the role of public rights. In particular, while governments do sometimes directly represent the rights of the Public -- under the public trust doctrine, for example, as the trustee of submerged lands and as protector of the Public's right of navigation -- the Penn Central takings analysis both overdeterminedly conflates government action with the public interest, eliding the fact that the private property owner is also a member of the Public who benefits from government action, and denies the Public its full independent status as a third interest-holder in any property rights analysis. Using examples from water law, coastal land use regulation, and fisheries management, this Article argues that regulatory takings doctrine unnecessarily impedes the urgent need for property law to evolve to meet the demands of a post-exploitation United States and that the Public and communitarian approach on property rights that the public trust doctrine offers presents a much more useful perspective on property rights for our changing future.
Download or read book Defending the Environment written by Joseph L. Sax and published by . This book was released on 1972 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Global Environmental Constitutionalism written by James R. May and published by Cambridge University Press. This book was released on 2015 with total page 427 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reflecting a global trend, scores of countries have affirmed that their citizens are entitled to healthy air, water, and land and that their constitution should guarantee certain environmental rights. This book examines the increasing recognition that the environment is a proper subject for protection in constitutional texts and for vindication by constitutional courts. This phenomenon, which the authors call environmental constitutionalism, represents the confluence of constitutional law, international law, human rights, and environmental law. National apex and constitutional courts are exhibiting a growing interest in environmental rights, and as courts become more aware of what their peers are doing, this momentum is likely to increase. This book explains why such provisions came into being, how they are expressed, and the extent to which they have been, and might be, enforced judicially. It is a singular resource for evaluating the content of and hope for constitutional environmental rights.
