Kara Sears
The public trust doctrine (PTD) is a common law principle that has been primarily significant in two areas: land access and use, and natural resource law. The doctrine, which is found mainly in state common law, requires states to manage certain natural resources for the benefit of the public. While the PTD has traditionally been used to manage water resources, lawsuits have recently sought to expand the doctrine to include natural resources impacted by climate change. The PTD has been viewed solely as a function of state law, with the federal government often taking the position that there is no federal PTD. However, some argue that evidence for a federal PTD can be found in various clauses of the United States Constitution, and the doctrine has been ratified in many state constitutions.
| Characteristics | Values |
|---|---|
| Is it a federal common law? | No, it is a state doctrine, but it has been adopted by federal courts in some cases. |
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What You'll Learn
- The public trust doctrine and its application in environmental law
- The public trust doctrine's role in state law
- The public trust doctrine in relation to land access and use
- The public trust doctrine and its limitations on private property ownership
- The historical development of the public trust doctrine
The public trust doctrine and its application in environmental law
The public trust doctrine (PTD) is a legal principle that establishes that certain natural and cultural resources are preserved for public use. It is one of the main underpinnings of environmental law in the United States. The doctrine requires states to manage certain natural resources for the benefit of the public. While the PTD has traditionally been used to manage water resources, recent lawsuits have sought to expand the doctrine to include natural resources impacted by climate change.
The PTD is primarily an issue of state law, and its boundaries can vary from jurisdiction to jurisdiction. The doctrine is most frequently used in the context of water bodies, with most lakes and streams in the United States being maintained under the PTD for drinking and recreational activities. The PTD also applies to the natural resources contained in the soil and water over public trust lands, including mineral and animal resources.
The PTD has its roots in Roman civil law, which held that certain things, such as air, water, and the sea, were common property and belonged to all mankind, rather than being owned by any individual or the state. When this concept was adopted into English common law, it was modified slightly by assigning ownership of common property to the king as a trustee for the benefit of the people. The United States later adopted this version of the PTD as part of its common law.
The first Supreme Court case to address the PTD, Martin v. Waddell in 1842, affirmed the doctrine and held that the public had the right to fish in navigable and tidal waters because those waters and their underlying lands were held in trust by the state for public use. In a later case, Illinois Central Railroad v. Illinois in 1892, the Supreme Court held that the PTD prevented the government from alienating the public right to lands under navigable waters.
In recent years, several cases have been filed arguing that the PTD requires state governments to take more aggressive action against climate change. For example, in Juliana v. U.S. in 2020, plaintiffs argued that the federal government had violated its PTD duties by allowing the use of fossil fuels. While the lower court allowed the case to proceed, the Ninth Circuit Court of Appeals ruled that the plaintiffs did not have a valid claim under the PTD.
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The public trust doctrine's role in state law
The Public Trust Doctrine (PTD) is a common law concept that has been primarily viewed as a function of state law in the United States. While the federal government has often taken the position that there is no federal PTD, some argue that certain provisions of the United States Constitution, such as the Property Clause, the Commerce Clause, and the Supremacy Clause, provide evidence for a federal PTD.
The PTD requires states to manage certain natural resources, particularly water resources, for the benefit of the public. This doctrine is rooted in Roman civil law, which states that "by the law of nature, these things are common to all mankind: the air, running water, the sea, and consequently the shores of the sea." When this concept was adopted into English common law, it was modified to assign ownership of common property to the king as a trustee for the benefit of the people.
In the United States, the PTD was first affirmed by the Supreme Court in Martin v. Waddell in 1842, which held that the public had the right to fish in navigable and tidal waters, as these waters and their underlying lands were held in trust by the state for the common use of the people. The PTD was further confirmed in Illinois Central Railroad v. Illinois in 1892, where the Court prevented the government from alienating the public right to lands under navigable waters.
The PTD has been expressed in various state laws and constitutions. For example, the Great Pond law in Massachusetts, Maine, and New Hampshire states that the state owns the land below the low watermark under great ponds, and the public retains access rights for activities such as fishing, cutting ice, and hunting. In New Jersey, the Supreme Court confirmed the PTD in "Matthews v. Bay Head Imp. Ass'n." in 1984. Additionally, Oregon's 1967 "Beach Bill" affirmed the state's PTD and the public's right to access the seashore between the low and high tide marks.
In recent years, the PTD has been invoked in climate change lawsuits, arguing that state governments must take more aggressive action to combat climate change. For example, in Juliana v. U.S. (2020), youth plaintiffs argued that the federal government violated its PTD duties by allowing the use of fossil fuels. While the Ninth Circuit Court of Appeals ruled against the plaintiffs, it is likely that similar PTD claims will continue to be raised in climate change litigation.
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The public trust doctrine in relation to land access and use
The public trust doctrine (PTD) is a matter of state law, rooted in the principle that certain resources such as navigable waters, submerged lands, and their associated natural ecosystems are held in trust by the government for the benefit of the public. It has been employed to assert public interest in oil resources discovered on tidally influenced lands and to prevent the private ownership of fish stocks and crustacean beds. The doctrine has been primarily significant in two areas: land access and use, and natural resource law.
In the United States, the law differs among the fifty states, but in general, it limits the rights of oceanfront property owners to exclude the public below the mean high-tide line. For instance, Massachusetts and Maine recognize private property ownership up to the mean low-tide line, but they allow public access to the seashore between the low and high-tide lines for "fishing, fowling, and navigation," dating back to the Colonial Ordinance of 1647. In 2011, Maine's Supreme Court expanded this by concluding that fishing, fowling, and navigation are not an exclusive list, and allowed the general public to cross private property.
The public trust doctrine also finds expression in the Great Pond law, which holds that the state owns the land below the low-water mark under great ponds (ponds over ten acres), and the public retains access to unimproved private property for fishing, cutting ice, and hunting. In Oregon, a 1967 "Beach Bill" affirmed the state's public trust doctrine and the right of the public to access the seashore between the low and high-tide marks.
The doctrine has been used to provide public access to areas where the land beneath tidally influenced waters has been filled, with some uses limited to transportation. It also supports public access to natural resources for recreational purposes, such as swimming and hunting, and ensures that individuals can enjoy and benefit from these resources, including beaches, waterways, and other public lands.
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The public trust doctrine and its limitations on private property ownership
The public trust doctrine (PTD) is a principle that holds that some resources, such as the shoreline between the high and low tide lines, are to be held in trust by the government for public use, regardless of private property ownership. While the PTD has traditionally been used to manage water resources, recent lawsuits have sought to expand the doctrine to include natural resources impacted by climate change.
The PTD has its roots in Roman civil law, which specified that certain things, such as air, flowing water, the sea, and the seashore, were "common property" and could not be owned by individuals. When this concept was adopted into English common law, it was modified to assign ownership of common property to the king as a trustee for the benefit of the people. Later, when the United States developed its legal system, it adopted and refined English common law, interpreting the PTD closer to the original Roman concept.
The Supreme Court first accepted the public trust doctrine in Martin v. Waddell’s Lessee in 1842, and confirmed it several decades later in Illinois Central Railroad v. Illinois in 1892. In the latter case, the court held that the common-law public trust doctrine prevented the government from alienating the public right to lands under navigable waters. This doctrine has been primarily significant in two areas: land access and use, and natural resource law.
The public trust doctrine limits private property ownership by allowing public access to certain areas, such as the seashore between the low and high tide lines, for "fishing, fowling, and navigation." In some states, like Massachusetts and Maine, private property ownership is recognized down to the mean low tide line, but public access for traditional purposes is still allowed. Additionally, the doctrine has been used to prevent the private ownership of fish stocks and crustacean beds, and to provide public access to areas where land beneath tidally influenced waters has been filled.
While the PTD has been viewed primarily as a matter of state law, some argue that evidence for a federal PTD can be found in certain clauses of the United States Constitution, such as the Property Clause and the Commerce Clause, which give Congress the power to regulate "territory or property" and commerce among the states.
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The historical development of the public trust doctrine
The public trust doctrine (PTD) is primarily an issue of state law, not federal. It is rooted in Roman civil law, which states that "by the law of nature, these things are common to all mankind: the air, running water, the sea, and consequently the shores of the sea". This was interpreted to mean that air, water, and beaches were common property, belonging to no one, but to the people as a whole.
The doctrine was later adopted into English common law, with the slight alteration that the common property was assigned ownership by the king, who acted as a trustee for the benefit of the people. When the United States developed its legal system, it adopted the English common law, refining certain aspects of the law as the country progressed. The Supreme Court first accepted the public trust doctrine in Martin v. Waddell’s Lessee in 1842, confirming it several decades later in Illinois Central Railroad v. Illinois in 1892.
The PTD has traditionally been used to manage water resources, but recent lawsuits have sought to expand the doctrine to include natural resources impacted by climate change. The doctrine has been significant in two areas: land access and use, and natural resource law. It is most often invoked in connection with access to the seashore, with the law differing among the fifty states. The doctrine has also been used to provide public access to areas where land beneath tidally influenced waters has been filled.
In recent decades, the doctrine has evolved substantially in many U.S. states to address a broader variety of natural resources and a broader scope of public values associated with them, including not only navigational but also ecological values.
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Frequently asked questions
The Public Trust Doctrine (PTD) is a legal concept that holds that certain resources are so critical that they cannot be owned by anyone in particular and instead are held in common for the benefit of the public.
The PTD has traditionally been used to manage water resources, but recent lawsuits have sought to expand it to include other natural resources impacted by climate change.
The PTD has roots in Roman civil law, which stated that "by the law of nature, air, running water, the sea, and consequently the shores of the sea" are common property. When assumed into English common law, this concept was altered to assign ownership of common property to the monarch, as trustee for the people. The United States adopted this version of the PTD when it developed its legal system.
The PTD is generally viewed as a matter of state law in the United States, and the federal government has often taken the position that there is no federal PTD. However, some argue that evidence for a federal PTD can be found in certain clauses of the US Constitution.
The PTD has been invoked in various states to guarantee public access to beaches and seashores, and to manage natural resources such as minerals and wildlife. For example, in Oregon, the 1967 Beach Bill affirmed the state's PTD and the right of the public to access the seashore between the low and high tide marks.
