The action effectively creates hundreds of new pre-K seats with STEM curriculum, and it was critical to follow the proper procedures
of the public trust doctrine in the interest of protecting public parkland from unfettered development.
The relatively recent history
of the public trust doctrine in US law is likely to interest those who like this sort of thing: «oogle it.
Not exact matches
State Sen. Tony Avella (D - Queens), a leader
of the opposition to the project, called the ruling a «huge victory for the
public trust doctrine and for anybody who believes parkland is sacred.»
In April, Borough President Katz urged the city to seek the necessary approval from the state legislature pursuant to the
Public Trust Doctrine, which establishes that parks and other natural resources should be preserved for public enjoyment and that alienation of parkland must be authorized by the New York State legisl
Public Trust Doctrine, which establishes that parks and other natural resources should be preserved for
public enjoyment and that alienation of parkland must be authorized by the New York State legisl
public enjoyment and that alienation
of parkland must be authorized by the New York State legislature.
Recently, Texas state district Judge Gisela Triana ruled that the atmosphere is part
of the
Public Trust by stating that, «The
doctrine includes all natural resources
of the State.»
Mary Turnipseed, Robert Sagarin, Peter Barnes, Michael C. Blumm, Patrick Parenteau & Peter H. Sand, Reinvigorating the
Public Trust Doctrine: Expert Opinion on the Potential
of a
Public Trust Mandate in U.S. and International Environmental Law, 52 Env» t 6 (2010).
Charles F. Wilkinson, The Headwaters
of the
Public Trust: Some Thoughts on the Source and Scope
of the Traditional
Doctrine, 19 Envtl.
The suit also debuts a new legal framework to fight climate change, one that portrays federal support for the development and use
of fossil fuels as a violation
of the Fifth and Ninth Amendments, as well as the
public trust doctrine.
His view
of our environment as a human right perfectly aligns with OCT's championed core: the
Public Trust Doctrine.
Hansen, supported by his two Columbia colleagues and other scientists, has written an amicus brief for that effort, which relies on the
doctrine of environmental «
public trust.»
Community Gardens Are Parks by Common Use, Even if Parks Dept Doesn't Recognize Them Perhaps most interestingly conceptually, Amato's testimony brings up the important point that nearly 200
of the City's community gardens were determined in 2002 as being parkland under the
public trust doctrine, based on historical pattern
of use.
For example, although I was likely aware in the recesses
of my mind about the
public trust doctrine (the principle, as explained on Wikipedia, that certain resources are preserved for
public use, and that the government is required to maintain it for the
public's reasonable use), I found it interesting that some jurisdictions, such as Vermont, have declared their groundwater reserves to be a
public trust.
As stated here by the Council for Canadians, the
public trust doctrine applied to Canadian water supplies would ensure a balancing
of public and private interests:
Even a search here on my custom Google search
of Canadian law firm websites and blogs has only 6 hits on the phrase «
public trust doctrine».
The
public trust doctrine has not been widely discussed in Canadian case law with the only significant mention being by the Supreme Court
of Canada in British Columbia v. Canadian Forest Products Ltd., 2004 SCC 38 at para. 74 where Binnie J. acknowledged that «The notion that there are
public rights in the environment that reside in the Crown has deep roots in the common law» (however, the majority decision ultimately took a conservative approach to not allow the Crown to succeed in a general claim for damages for «environmental loss» [caused by a negligently undetected controlled burn
of slashing and other waste by a logging company] in the absence
of a statutory scheme permitting such a claim).