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 The Public Trust Doctrine in Environmental and Natural Resources Law written by Michael C. Blumm and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This coursebook examines the public trust doctrine (PTD), an ancient anti-monopoly precept of property law, inherited from Roman and civil law, which 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. The text 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.
Download or read book Lakefront written by Joseph D. Kearney and published by Cornell University Press. This book was released on 2021-05-15 with total page 532 pages. Available in PDF, EPUB and Kindle. Book excerpt: How did Chicago, a city known for commerce, come to have such a splendid public waterfront—its most treasured asset? Lakefront reveals a story of social, political, and legal conflict in which private and public rights have clashed repeatedly over time, only to produce, as a kind of miracle, a generally happy ending. Joseph D. Kearney and Thomas W. Merrill study the lakefront's evolution from the middle of the nineteenth century to the twenty-first. Their findings have significance for understanding not only Chicago's history but also the law's part in determining the future of significant urban resources such as waterfronts. The Chicago lakefront is where the American public trust doctrine, holding certain public resources off limits to private development, was born. This book describes the circumstances that gave rise to the doctrine and its fluctuating importance over time, and reveals how it was resurrected in the later twentieth century to become the primary principle for mediating clashes between public and private lakefront rights. Lakefront compares the effectiveness of the public trust idea to other property doctrines, and assesses the role of the law as compared with more institutional developments, such as the emergence of sanitary commissions and park districts, in securing the protection of the lakefront for public uses. By charting its history, Kearney and Merrill demonstrate that the lakefront's current status is in part a product of individuals and events unique to Chicago. But technological changes, and a transformation in social values in favor of recreational and preservationist uses, also have been critical. Throughout, the law, while also in a state of continual change, has played at least a supporting role.
Download or read book Property and the Public Trust Doctrine written by Randy T. Simmons and published by . This book was released on 2007 with total page 36 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Natural Resources Law written by Eric T. Freyfogle and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Hardbound - New, hardbound print book.
Download or read book Public Trust Rights written by Helen F. Althaus and published by . This book was released on 1978 with total page 482 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 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 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 Public Rights in Private Property written by Leland R. Luckhart and published by . This book was released on 1996 with total page 302 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Private and Common Property written by Richard A. Epstein and published by Routledge. This book was released on 2013-10-08 with total page 404 pages. Available in PDF, EPUB and Kindle. Book excerpt: First published in 2000. Routledge is an imprint of Taylor and Francis, an informa company.
Download or read book Regulatory Takings After Knick written by David L Callies and published by . This book was released on 2020-10 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: "Summary of federal court regulatory takings jurisprudence ripeness under Williams County, the principal feature of Knick, the exceptions to total taking: nuisance and background principles of a state's law of property"--
Download or read book Limiting Lessons from Property written by Deidre A. Keller and published by . This book was released on 2019 with total page 22 pages. Available in PDF, EPUB and Kindle. Book excerpt: The talismanic nature of the term “property” creeps into intellectual property discourse in ways that often serve to enlarge the scope of IP rights. Much has been written about the propertization of intellectual property. This piece enters that conversation alongside pieces like "The Romance of the Public Domain" and "Cabining Intellectual Property Through a Property Paradigm" to suggest that the “property” label needn't always amount to more rights. Rather, a deep engagement with the public trust doctrine suggests that “property” has long admitted to limits upon those rights. In this piece, I'll attempt to engage in a substantive application of the public trust doctrine in the copyright space suggesting that such an application may have the potential to act as a significant check on intellectual property rights. In a 2001 article Sharon Sandeen suggested that States ought to adopt statutes regarding management of their intellectual property. Sandeen analogizes to the public trust doctrine to argue “that free dissemination of state-owned intellectual property should be the rule and any restrictions on the public's use of such rights should be the exception.” In this piece I endeavor to consider a more robust application of the public trust doctrine to copyright cases by engaging the recent case, Code Revision Comm'n v. Public.Resource.Org, Inc., 244 F. Supp. 3d 1350 (N.D. Ga. 2017), 906 F.3d 1229 (11th Cir. 2018). I posit that importing the public trust doctrine into copyright has the potential to solve not only the problem epitomized in Code Revision Comm'n but a broader swath of copyright problems as well. Specifically, I assert that the public trust doctrine may offer a framework for considering allegations of infringement of protected works by use of works in the public domain. This consideration is especially timely in light of the fact that January 1, 2019 marked the first time in twenty years that a whole year's worth of works entered the public domain.
Download or read book The Public Trust Doctrine written by Alan B. Reiter and published by . This book was released on 1989 with total page 114 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Public Property and the Democratization of Western Water Law written by Michael C. Blumm and published by . This book was released on 2017 with total page 32 pages. Available in PDF, EPUB and Kindle. Book excerpt: Professor Blumm traces the evolution of the modern public trust doctrine in the West. He claims the doctrine is best understood by focusing on the remedies courts prescribe for trust violations. Although he sees four distinct categories of remedies in the case law, he asserts that they all possess the unifying theme of promoting public access to trust resources or to decision makers with authority to allocate those resources. Thus, the trust doctrine is a democratizing force -- preventing monopolizing of trust resources and promoting decision making that is accountable to the public. Professor Blumm predicts that state courts will continue to expand the public trust, relying especially on constitutional provisions declaring water to be publicly owned. Finally, replying to Professor Huffman's criticisms of the public trust doctrine, he argues that the doctrine is a coherent body of law that supplies a necessary complement to prior appropriation principles, is not inconsistent with fifth amendment "takings" jurisprudence, and has sufficient grounding in various state constitutions and statutes to continue to infuse public concerns into Western water law in the years ahead.Although except for Hawaii there have been no wholesale applications of the trust doctrine to Western water during the last quarter-century, the arguments advanced by this article may still be pressed in Western states. Given looming water shortages, they should be tried.
Download or read book Law of Water Rights and Resources written by A. Dan Tarlock and published by Thomson West. This book was released on 1988 with total page 1296 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book A Comparative Guide to the Eastern Public Trust Doctrine written by Robin Kundis Craig and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Public trust doctrine literature to date has displayed two distinct tendencies, both of which limit comprehensive discussion of the American public trust doctrines. At one end of the spectrum, articles focused on broader legal principles tend to discuss the public trust doctrine, as though a single public trust doctrine pervaded the United States. At the other end, articles focus on how one particular state implements its particular state public trust doctrine. Few articles have grappled with the richness and complexity of public trust philosophies that more comparative approaches to the nation's public trust doctrines - emphasis on the plural - can reveal. This Article seeks to begin to restore that sense of comparative complexity to the discussion of public trust principles. It focuses on the public trust doctrines of 31 eastern states - all of the states east of the Mississippi River, plus the five states - Minnesota, Iowa, Missouri, Arkansas, and Louisiana - bordering the western bank of the Mississippi River. Moreover, it includes in an Appendix state-by-state summaries of the public trust doctrines in each of the 31 eastern states examined. These eastern states provide a particularly rich subset of states for public trust discussion purposes. At its most basic, a state's public trust doctrine outlines public and private rights in water by delineating five definitional components of those rights: (1) the waters subject to state/public ownership; (2) the line or lines dividing private from public title in those waters; (3) the waters subject to public use rights; (4) the line or lines in those waters that mark the limit of public use rights; and (5) the public uses that the doctrine will protect in the waters where the public has use rights. The history of the eastern states' public trust doctrines has led to multiple variations in how these states define and assemble these five components. In particular, far more often than is the case in the later-settled West, public trust use rights in the East intrude - and for practical purposes always have intruded - upon privately owned riparian and littoral property.
