Public Trust Doctrine

There is an excellent survey of one of the cornerstones of modern environmental law by attorney Paul Bray.

  • Not protecting the commons is not an option. “Voluntary” stewardship of the commons by multinational corporations is a ludicrous proposal. That leaves the public trust doctrine in environmental law as possibly the only way a society that wants to be democratic can protect the commons.
  • Since the atmosphere is one of the commons, it’s no great stretch to invoke the public trust doctrine in support of tight regulatory limits on carbon emissions, for example.

Further Reading

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