Online Articles

The Public Trust Doctrine: A Cracked Foundation

April 15, 2021 by Camilla Brandfield-Harvey Natural Resources Public Lands State and Local

By Myles Douglas Young, Administrative Editor

The utilization of the Public Trust Doctrine in litigations is often premised on its supposed ancient Roman pedigree. This article explores the origins of the doctrine and finds that, in fact, the ancient doctrine was quite different from the one we see in the United States today. What errors do scholars make, and what do those errors mean for the survival of the modern doctrine?

Courtesy of U.S. Fish and Wildlife Service

We're Falling into a Ring of Fire: Taking Stock of Wildfire Liability Regimes from Varying Perspectives in the United States

March 31, 2021 by Drew Robertson Air Climate change Litigation Public Lands State and Local

By Alec Williams, Managing Editor

After a record-breaking wildfire season in 2020, lawsuits are likely to flood the dockets of federal and state courts across the United States. Wildfire liability determinations at either level can be complex, typically implicating many parties and exorbitant damage awards. However, in light of the projected impact of climate change on wildfire frequency and severity, such lawsuits may become increasingly commonplace.

China's Green Desert

March 28, 2019 by mjb443 Endangered Species International Natural Resources Public Lands Wildlife

By Timothy Park, staff contributor.

China has been one of the largest contributors to reforestation efforts through its Grain for Green Program. However, have all of their efforts actually helped the environment? One fatal flaw in the program is severely limiting the programs impact on the environment.

An image of the coast

(Sea) Walling Off the Beach: The Future of California’s Coastal Commons Remains Contested

November 15, 2018 by De Vann Sago Climate change Public Lands State and Local Water

By Ryan Levandowski, Staff Contributor. As rising sea levels threaten California’s coast, the state’s characteristic beaches have become a battleground for homeowners, cities, and state regulatory agencies. Because coastal adaptation policies often pit preservation of public beaches against private property rights, recent litigation over the issue has posed a difficult question for courts: Who should (literally) give ground?