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The leading case that established the public trust doctrine in the U.S. is the 1892 Supreme Court case Illinois Central Railroad v. Illinois.The Court held that public trust submerged lands belong to the respective States within which they are found, with the consequent right to use or dispose of any portion thereof, when that can be done without substantial impairment of the interest of the ...
The Public Trust Doctrine in Motion. PTDIM, LLC. ISBN 978-0-615-24111-1. Velozo de Melo Bento, Lucas (November 14, 2009). "Searching for Intergenerational Green Solutions: The Relevance of the Public Trust Doctrine to Environmental Preservation". Common Law Review (11): 7– 13. SSRN 1709104. Wood, Mary Christina (2014).
In other words, though an individual may own the land upon which wildlife resides, that individual does not own said wildlife. Instead, the wildlife is owned by all citizens. With origins in Roman times and English Common law, the public trust doctrine has at its heart the 1842 Supreme Court ruling Martin V. Waddell. [7]
On this page, environmental lawsuit means "a lawsuit where the well-being of an environmental asset or the well-being of a set of environmental assets is in dispute". Also on this page, lawsuit with environmental relevance means "a lawsuit where a non-environmental entity or a set of non-environmental entities is in dispute, but whose outcome has relevance for an environmental asset or for a ...
The Wisconsin DNR announced Thursday it approved Enbridge's permit, surely setting off backlash from environmental groups. Wisconsin DNR approves permits for Enbridge's controversial Line 5 ...
In 1983, MLC won the argument in front of the California Supreme Court, who directed that the public trust doctrine overrides prior water rights. Bruce Dodge, of Morrison and Foerster, served as the pro-bono attorney in the case. [6] Eventually, multiple litigations were adjudicated in 1994, by the California State Water Resources Control Board ...
The Wisconsin Office of Public Intervenor, which for decades prior functioned as an ombudsman for the state's natural resources protected under the Public Trust Doctrine, had its budget significantly reduced, shrinking its staff and eliminating its power to sue in environmental cases; Thompson effectively shifted these powers to an appointed ...
Waddell’s Lessee, that the Supreme Court ratified the public trust doctrine. [2] Still, Illinois Central has been referred to as "the Lodestar in American Public Trust Law". [2] As of 2010, the courts of 35 states had cited Illinois Central in their articulation of the public trust doctrine. [2]