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To view or download the 2019 Supplement to this book, click here. The public trust doctrine (PTD), an ancient anti-monopoly precept of property law inherited from Roman and civil law, exists in every United States jurisdiction and several international ones. The PTD, originally concerned with navigation and fishing, has emerged as an organizing principle for natural resources management in the twenty-first century, for it posits government trustees as stewards for both present and future generations. This casebook examines the role of the public trust doctrine in managing waterways, wetlands, water rights, wildlife, the atmosphere, and uplands like beaches and parks. The materials are suited for either an upper-division environmental or natural resources law course or a seminar. The second edition includes important new cases, including the Pennsylvania Supreme Court's landmark Robinson Township decision, the Wisconsin Supreme Court's narrowing of the public trust doctrine in Rock Koshkonong, and several recent cases in the atmospheric trust litigation.
This book exposes the dysfunction of environmental law and offers a transformative approach based on the public trust doctrine. An ancient and enduring principle, the public trust doctrine empowers citizens to protect their inalienable property rights to crucial resources. This book shows how a trust principle can apply from the local to global level to protect the planet.
Concepts of ecological integrity have recently been proposed to facilitate enhanced protection of biological and ecological resources against the threat of human activities. The promotion of ecological integrity as a basis for public policy and decision making stems from scientists and others concerned about the threats of human activities to ecosystems and species, and from philosophers attempting to derive a more suitable ethic to guide the relationships between humans and the non-human environment. Although ecological integrity has been proposed as a norm for public policy and decision making, the concept is relatively new and therefore the underlying scientific and philosophical rationales have not been fully developed. This book offers a number of perspectives to stimulate and inform future discussion on the importance and consequences of ecological integrity for science, morality and public policy. Audience: Environmental professionals, whether academic, governmental or industrial, or working in the private consultancy sector. Also suitable as an upper-level reference text.
Hardbound - New, hardbound print book.