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...

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...

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...

Intergenerational equity has rarely been related to the management of Antarctica. This contribution discusses the question to what extent the principle of intergenerational equity has been implemented in the Antarctic Region through the instruments of the Antarctic Treaty system (ATS). A...

This paper suggests a holistic framework for assessment and improvement of management strategies for conservation of natural resources in agriculture. First, it incorporates an interdisciplinary approach (combining Economics, Organization, Law, Sociology, Ecology, Technology, Behavioral and...

This Article considers the future interaction of environmental regulation and private property rights, with an emphasis on climate change issues. It concludes that environmental issues not satisfactorily resolved at the federal level will lead to more state and local regulation that impinges on...

The central question of environmental law is "how much?" How much pollution should we emit into the air and water? How much resource exploitation should we engage in? While for other "how much" questions our society tends to rely (at least in theory) on the market, when it comes to environmental...

Sustainable food policies strive for environmental, healthy, economically just, and humane food production. Their success has ignited legal debates about the Constitution. This is not new. Iconic constitutional law cases examine sustainable food, such as meat in the Slaughter-House Cases (1873),...

This article explores how deeply held philosophies and environmental risk allocation are "real" values in terms of enivronmental impacts, and as such should be considered under NEPA. If this were the case, this would make the operation of NEPA more transparent and efficient

This article considers the modern regulation of the harvesting of red snapper in the Gulf of Mexico and discusses its effect on recreational fishermen, commercial fishermen, and the economies surrounding the Gulf. In addition, this article focuses on the Iron Idle Initiative’s impact on the...