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The public trust doctrine is the principle that the sovereign holds in trust for public use some resources such as shoreline between the high and low tide lines, regardless of private property ownership.
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 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 The first environmental statute was the Rivers and Harbors Act of 1899, which has been largely superseded by the Clean Water Act (CWA).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 ...
Fisheries law is an emerging and specialized area of law. Fisheries law is the study and analysis of different fisheries management approaches such as catch shares e.g. individual transferable quotas; TURFs; and others. The study of fisheries law is important in order to craft policy guidelines that maximize sustainability and legal enforcement ...
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]
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]
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 National Marine Fisheries Service issued a report to Congress in 2010 on the status of U.S. fisheries. It reported that of the 192 stocks monitored for overfishing 38 stocks (20%) still have fish "mortality rates that exceed the overfishing threshold … and 42 stocks (22%) are overfished". [ 12 ]