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The public trust doctrine is an ancient doctrine of public property law that governs sovereign stewardship of natural resources. The doctrine both promote public access to trust resources and requires sovereign protection of them for the benefit of the public, including future generations. The...
Persistent link: https://www.econbiz.de/10013249280
This article applies public choice political theory to public lands decisionmaking and concludes that it explains why multiple-use management, the paradigm for most federal public lands, consistently overemphasizes commodity production at the expense of other values like watershed protection and...
Persistent link: https://www.econbiz.de/10012746878
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...
Persistent link: https://www.econbiz.de/10012958068