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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).
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 ...
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]
The public trust doctrine, as discussed by the Court in this judgment was a part of the law of the land. The prior approval granted by the Government of India, Ministry of Environment and Forest and the lease-deed dated 11.04.1994 in favour of the Motel were quashed.
The history of environmental law in the US can be traced back to early roots in common law doctrines, for example, the law of nuisance and the public trust doctrine. The first environmental statute was the Rivers and Harbors Act of 1899, which has been largely superseded by the Clean Water Act (CWA). However, most current major environmental ...
Pollock v. Farmers' Loan & Trust Co. 158 U.S. 601 (1895) income tax and tariffs Hilton v. Guyot: 159 U.S. 113 (1895) doctrine of comity: United States v. Gettysburg Electric Railway Co. 160 U.S. 668 (1896) Rosen v. United States: 161 U.S. 29 (1896) defendant's ability to inspect evidence at obscenity trial overcame objection that indictment was ...
Furthermore, they argued, neither the First Amendment nor the doctrine of public trust is applicable to copyright cases. On October 28, 1999, Judge June Green issued a brief opinion rejecting all three of the petitioners' arguments. On the first count, she wrote that Congress had the power to extend terms as it wished, as long as the terms ...
The case is an example of an area of environmental law referred to as "atmospheric trust litigation", a concept based on the public trust doctrine and international responsibility related to natural resources. In January 2020, a Ninth Circuit panel dismissed the case on the grounds that the plaintiffs lacked standing to sue for an injunction.