Time and the Public Trust Doctrine: Law's Knowledge of Climate Change

2013 ◽  
Author(s):  
David D. Caron
Keyword(s):  
Climate Change ◽  
Public Trust ◽  
The Public ◽  
Public Trust Doctrine

Climate Change and the Public Trust Doctrine

2013 ◽  
Vol 65 (8) ◽  
pp. 7-11 ◽  
Author(s):  
Patrick C. McGinley
Keyword(s):  
Climate Change ◽  
Public Trust ◽  
The Public ◽  
Public Trust Doctrine

Climate Change and the Public Trust Doctrine in Oregon: A Law Professors' Amicus Brief

2019 ◽  
Author(s):  
Michael C. Blumm ◽  
Mary C. Wood
Keyword(s):  
Climate Change ◽  
Public Trust ◽  
The Public ◽  
Public Trust Doctrine ◽  
Law Professors

Current Legal Developments Climate Change and the Constitutional Obligation to Protect Natural Resources: The Pennsylvania Atmospheric Trust Litigation

Climate Law ◽  
2017 ◽  
Vol 7 (2-3) ◽  
pp. 209-226
Author(s):  
Samvel Varvaštian
Keyword(s):  
Climate Change ◽  
United States ◽  
Human Rights ◽  
Natural Resources ◽  
State Government ◽  
Constitutional Law ◽  
Public Trust ◽  
The United States ◽  
The Public ◽  
Public Trust Doctrine

When it comes to climate litigation, environmental plaintiffs in the United States have demonstrated a remarkable ingenuity in terms of utilizing various legal avenues to compensate for the persisting regulatory gaps. In the last few years, the public trust doctrine and constitutional law have been present among these, in an attempt to put the risks associated with climate change on the map of human rights in relation to the environment and natural resources. However, despite a nationwide occurrence of such lawsuits, courts have been cautious in their approach to them. Similar lawsuits have emerged outside the United States, in Europe and Asia, demonstrating some viability. This analysis addresses the recent litigation in Pennsylvania, where petitioners asked the court to order the state government to take action on climate change and to declare such action a constitutional obligation under the state’s Constitution. 1

8. The Transformation of the Public Trust Doctrine

Lakefront ◽  
2021 ◽  
pp. 244-280
Keyword(s):  
Public Trust ◽  
The Public ◽  
Public Trust Doctrine

scholarly journals The Public Trust Doctrine Fifty Years after Sax and Some Thoughts on its Future

2020 ◽  
Author(s):  
Michael C. Blumm ◽  
Zach Schwartz
Keyword(s):  
Public Trust ◽  
The Public ◽  
Public Trust Doctrine

scholarly journals Judicial Resources and the Public Trust Doctrine: A Powerful Tool of Environmental Protection?

2018 ◽  
Vol 7 (3) ◽  
pp. 469-489 ◽  
Author(s):  
Anne Richardson Oakes
Keyword(s):  
Environmental Protection ◽  
Common Law ◽  
Civil Law ◽  
Public Trust ◽  
Federal Courts ◽  
Environmental Discourse ◽  
Supreme Court Justice ◽  
The Public ◽  
Public Trust Doctrine ◽  
Legal Frameworks

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.

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