Mono Lake and the Public Trust Doctrine

2020 ◽  
pp. 336-347
2013 ◽  
Vol 3 (3) ◽  
pp. 82-85
Author(s):  
Graham Chisholm

This essay explores the history of the public trust doctrine for water in California, established in the battle of preserving Mono Lake, and extends the concept to include the responsibility Los Angeles has to restore Owens Lake, an important habitat for migratory birds.


2003 ◽  
Vol 3 (1) ◽  
Author(s):  
Michael Blumm ◽  
Thea Schwartz

The Mono Lake case is a lodestar in public trust jurisprudence. This article discusses that case and explains how it revolutionized California water law. The article identifies six principles established by the decision that place it in the vanguard of public trust case law. It also examines some of the progeny of the Mono Lake decision, both in California and in other western states. The article claims that in the wake of Mono Lake, a half dozen western states have recognized the application of the public trust doctrine to water rights, although no other state has embraced all six of the tenets of the Mono Lake doctrine. The article concludes that the the public trust doctrine's deep historical roots and conceptual coherence make it a promising vehicle by which to moderate the excesses of the prior appropriation doctrine of western water law and replace that doctrine's "all or nothing" approach with what the article refers to as the "accommodation principle," under which both diversionary and instream uses of water will be accommodated wherever feasible.


2018 ◽  
Vol 7 (3) ◽  
pp. 469-489 ◽  
Author(s):  
Anne Richardson Oakes

AbstractUnited Kingdom Supreme Court Justice Robert Carnwath has urged the judiciary to develop ‘common laws of the environment’, which can operate within different legal frameworks, tailored where necessary towards specific constitutions or statutory codes. One such mechanism with the potential for repositioning environmental discourse in both common law and civil law jurisdictions is the doctrine of the public trust. Basing their arguments upon a heritage of civil law and common law, supporters of the public trust doctrine are currently testing its scope in United States federal courts via groundbreaking litigation aimed at forcing the federal government to uphold its duty to protect the atmosphere. This article considers whether common law judicial resourcefulness can transform a transatlantic hybrid of uncertain parentage into a powerful tool of environmental protection.


2021 ◽  
pp. 128-164
Author(s):  
Joseph D. Kearney ◽  
Thomas W. Merrill

This chapter assesses the implications of natural accretion, unauthorized landfilling, and a legally sanctioned public works project on the neighborhood known today as Streeterville. It illustrates the three periods following the struggle for control of the land of Streeterville: the first was relatively decorous, consisting largely of litigation over rights to land formed by natural accretion, the second was intense and largely extralegal, and the third period was when the wealthy landowners who claimed the land by riparian rights consolidated their control over the area, abetted by construction undertaken by institutions of impeccable social standing, such as Northwestern University. The chapter investigates why it took so long for the struggle over Streeterville to be resolved, arguing resolution came only when the claimants with the most resources started to build substantial structures on the land. It also examines why the filled land in this area of the lakefront is overwhelmingly held in private hands, whereas the land south of the Chicago River, in what is now Grant Park, is public. Ultimately, the chapter reviews how the public trust doctrine was invoked in challenging the artificial filling of submerged land in Streeterville, and analyzes the Illinois Supreme Court decision following the case.


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