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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.
Though Illinois Central is frequently cited as the source for American public trust law, it was several decades before, in Martin v. 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]
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, 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.
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 ...
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.
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 The first environmental statute was the Rivers and Harbors Act of 1899, which has been largely superseded by the Clean Water Act (CWA).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 ...
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 ...