MRN:
I am so thankful that you have taken up the public trust doctrine torch. Send me a pm with your personal e-mail. I have two public trust documents that you must read. Also, Dan B., I'm not sure what your legal practice speciality is, but I would also like you to read these documents. You may know some colleagues that may be able to take up this fight.
The most famous public trust resource case that established and clarified public trust doctrine was in California and centered around Mono Lake in the Sierra Mountains. The case was National Audubon Society v. Superior Court Alpine County, (Audubon) 33 Cal. 3d 419, 189 Cal. Rpt. 346 (1983).
A couple of excerpts to ponder:
One of the most important findings of Audubon was that "The public trust is more than affirmation of the state's power to use public property for public purposes. It is an affirmation of the duty of the state to protect the people's common heritage of streams, lakes, marshlands, and tidelands, surrendering that right of protection only in rare cases when the abandonment of that right is consistent with the purposes of the trust."
The Audubon Court recognized that stream flow, the stream channel, its invertebrates and algae, riparian vegetation and associated fauna all interact as an integrated ecosystem. The Audubon Court effectively tied the protection of public trust interests to the perpetuation of natural resources (Mono Lake, its inflows, natural resources and ecological aspects) for their innate values, not to private off-site uses of water.
IMO, the second excerpt can be tied to guides and outfitters that monopolize and degrade the resource.
A personal challenge to those on this site that cherish your natural resource opportunities in the State: take a few minutes and go and educate yourself on the public trust doctrine concept. It will invigorate your faith and your belief in those resources held in the public trust.
Lastly, if anyone on this site can get a hold of these three documents, I will be forever indebted.
1. Public Trust Rights, prepared by Helen F. Althaus for Office of the
Regional Solicitor, USDI, November 1978.Portland Oregon.
421 pages.
2. The Public Trust Doctrine in Natural Resources Law and Management: A Symposium. University of California, Davis Law Review , Winter 1980, Vol. 14, No 2.
3. Symposium on the Public Trust and the Waters of the American West:
Yesterday, Today, and Tommorrow. Environmental Law, vol19, No. 3
Spring 1989. Northwestern School of Law of Lewis and Clark
College.
I am so thankful that you have taken up the public trust doctrine torch. Send me a pm with your personal e-mail. I have two public trust documents that you must read. Also, Dan B., I'm not sure what your legal practice speciality is, but I would also like you to read these documents. You may know some colleagues that may be able to take up this fight.
The most famous public trust resource case that established and clarified public trust doctrine was in California and centered around Mono Lake in the Sierra Mountains. The case was National Audubon Society v. Superior Court Alpine County, (Audubon) 33 Cal. 3d 419, 189 Cal. Rpt. 346 (1983).
A couple of excerpts to ponder:
One of the most important findings of Audubon was that "The public trust is more than affirmation of the state's power to use public property for public purposes. It is an affirmation of the duty of the state to protect the people's common heritage of streams, lakes, marshlands, and tidelands, surrendering that right of protection only in rare cases when the abandonment of that right is consistent with the purposes of the trust."
The Audubon Court recognized that stream flow, the stream channel, its invertebrates and algae, riparian vegetation and associated fauna all interact as an integrated ecosystem. The Audubon Court effectively tied the protection of public trust interests to the perpetuation of natural resources (Mono Lake, its inflows, natural resources and ecological aspects) for their innate values, not to private off-site uses of water.
IMO, the second excerpt can be tied to guides and outfitters that monopolize and degrade the resource.
A personal challenge to those on this site that cherish your natural resource opportunities in the State: take a few minutes and go and educate yourself on the public trust doctrine concept. It will invigorate your faith and your belief in those resources held in the public trust.
Lastly, if anyone on this site can get a hold of these three documents, I will be forever indebted.
1. Public Trust Rights, prepared by Helen F. Althaus for Office of the
Regional Solicitor, USDI, November 1978.Portland Oregon.
421 pages.
2. The Public Trust Doctrine in Natural Resources Law and Management: A Symposium. University of California, Davis Law Review , Winter 1980, Vol. 14, No 2.
3. Symposium on the Public Trust and the Waters of the American West:
Yesterday, Today, and Tommorrow. Environmental Law, vol19, No. 3
Spring 1989. Northwestern School of Law of Lewis and Clark
College.
