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Public trust is the notion that the state is obliged to manage certain properties and associated rights under its control in the public interest. This volume outlines rationales and methods for applying the doctrine of public trust to contemporary environmental management of coastal areas.
The public trust doctrine. Role of the states. Managing coastal development. National environmental policy act ...
How did Chicago, a city known for commerce, come to have such a splendid public waterfront—its most treasured asset? Lakefront reveals a story of social, political, and legal conflict in which private and public rights have clashed repeatedly over time, only to produce, as a kind of miracle, a generally happy ending. Joseph D. Kearney and Thomas W. Merrill study the lakefront's evolution from the middle of the nineteenth century to the twenty-first. Their findings have significance for understanding not only Chicago's history but also the law's part in determining the future of significant urban resources such as waterfronts. The Chicago lakefront is where the American public trust doctrine, holding certain public resources off limits to private development, was born. This book describes the circumstances that gave rise to the doctrine and its fluctuating importance over time, and reveals how it was resurrected in the later twentieth century to become the primary principle for mediating clashes between public and private lakefront rights. Lakefront compares the effectiveness of the public trust idea to other property doctrines, and assesses the role of the law as compared with more institutional developments, such as the emergence of sanitary commissions and park districts, in securing the protection of the lakefront for public uses. By charting its history, Kearney and Merrill demonstrate that the lakefront's current status is in part a product of individuals and events unique to Chicago. But technological changes, and a transformation in social values in favor of recreational and preservationist uses, also have been critical. Throughout, the law, while also in a state of continual change, has played at least a supporting role.
Following a comprehensive overview by the editors, this volume s expert contributors provide detailed discussion of important legal, ecological and social issues associated with coastal resource management, as well as the most significant challenges confronting land use planners and resource managers in coastal communities. Using an interdisciplinary approach to perplexing questions surrounding the issue of development versus protection, the volume presents a broad approach to coastal issues involving private rights and public trust. Part I: The Law and Coastal Environments provides background information on the more recent federal and state lawsuits, statutes and regulations that impact coastal environments. In Part II: Ecological Consequences for Coastal Development, scientists discuss threats posed by elevated nitrogen levels and heavy metal contamination in coastal waters, followed by descriptions of the impact of development on habitats essential to estuarine-dependent fish and migratory shorebirds. In Part III: Private Use, Public Trust and Coastal Protection the authors explore ways to balance private use of the coast with public rights of access and preservation. They discuss the concept of stewardship by both public and private landowners, factors affecting environmental values in coastal communities, and facilitation of enlightened public policies for growth management and resource protection. Appropriate for courses pertaining to coastal ecology, coastal management or land-use planning, this book will also appeal to a diverse audience of economists, concerned citizens, environmental lawyers and policymakers.
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.
Like ocean beaches, sheltered coastal areas experience land loss from erosion and sea level rise. In response, property owners often install hard structures such as bulkheads as a way to prevent further erosion, but these structures cause changes in the coastal environment that alter landscapes, reduce public access and recreational opportunities, diminish natural habitats, and harm species that depend on these habitats for shelter and food. Mitigating Shore Erosion Along Sheltered Coasts recommends coastal planning efforts and permitting policies to encourage landowners to use erosion control alternatives that help retain the natural features of coastal shorelines.
This volume covers a variety of topics in the fields of the law of the sea and the protection of the environment. The particular focus of the volume is on the role and function of judicial, quasi-judicial and administrative institutions in the prevention and settlement of disputes in both of these areas. This includes an overview and insightful analysis of the cases of the International Tribunal for the Law of the Sea during its first decade. Further substantive issues range from the allocation of shared marine resources, maritime boundary delimitation and issues of maritime security to the prevention of marine pollution as well as a coverage of the compliance and enforcement mechanisms of international environmental law. The views from both scholars’ and practitioners’ perspectives presented in this volume will offer readers a number of outstanding intellectual synergies to reflect on the development of international law. It can provide both scholars and policy-makers alike with new insights on how to address pressing problems in international law, including ideas for improved institutional design. The work has been compiled in honour of Thomas A. Mensah and comprises 59 essays from leading scholars and practitioners in international law.
"Summary of federal court regulatory takings jurisprudence ripeness under Williams County, the principal feature of Knick, the exceptions to total taking: nuisance and background principles of a state's law of property"--