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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 also finds expression in the Great Pond law, a traditional right codified in case law and statutes in Massachusetts, Maine, and New Hampshire. [13] The state is said to own the land below the low water mark under great ponds (ponds over ten acres), and the public retains in effect an access easement over unimproved ...
Democratic processes and public input into law-making help ensure access is equitable. Laws regulating access to wildlife include the 1940 Bald and Golden Eagle Protection Act, Endangered Species Preservation Act and Fur Seal Act of 1966, the Marine Mammal Protection Act of 1972, and the 1973 Endangered Species Act. [1]
There is a lot of public access to water, said Jym Mooney. This is largely thanks to Wisconsin’s public trust doctrine, which protects the public’s rights to navigable waters.
Some Wisconsin residents are planning to submit a petition to the Department of Natural Resources to create a "home lake" rule for wake boats.
The land below navigable waters is the property of state, [5] and subject to all the public land laws and in most states public trust rights. Navigable waters are treated as public highways with any exclusive riparian right ending at the ordinary high water mark. Like a road, any riparian right is subordinate to the public's right to travel on ...
In his ruling, Reed cited state statutes that outlined the importance of protecting public water sources for the public, fish and aquatic life, as well as to protect the scenic and ecological ...
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 The first environmental statute was the Rivers and Harbors Act of 1899, which has been largely superseded by the Clean Water Act (CWA).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 ...