Sentences with phrase «public trust doctrine»

Tagged with: cartoon Couture DNR Preserve our Parks Public Trust Doctrine Rick Barrett The Couture Transit Center

Typically a state bill with specific language is required to lease parkland, the center argued, while state precedent and the federal Public Trust Doctrine stipulate that any leased land should be replaced.

Michael C. Blumm & Lynn S. Schaffer, The Federal Public Trust Doctrine: Misinterpreting Justice Kennedy and Illinois Central Railroad, 45 Envtl.

Tagged with: Couture DNR Preserve our Parks Public Trust Doctrine Rick Barrett The Couture Transit Center

Crystal S. Chase, The Illinois Central Public Trust Doctrine and Federal Common Law: An Unconventional View, 16 Hastings W. - Nw.

Tagged with: Chris Larson Couture Leah Vukmir Preserve our Parks Public Trust Doctrine The Couture

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.»

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.

«There's something called the public trust doctrine, and that requires the city to ask the state Legislature for permission to build the stables they want to build,» Samuelsen said.

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 legislature.

The public trust doctrine stipulates that the government can not waste or destroy natural resources such as air and water.

Under the Public Trust Doctrine, governments would have the duty to protect the air and atmosphere.

Following law school, Andrew worked as an associate in a nationwide law firm for two years before accepting a post-graduate fellowship with the University of Oregon School of Law's Environmental and Natural Resource Center, where his scholarship focused on the intersection of multinational trade agreements, environmental sovereignty, and the Public Trust Doctrine.

Joseph L. Sax, The Public Trust Doctrine in Natural Resources Law: Effective Judicial Intervention, 68 Mich..

Alexander Bukac, Fracking and the Public Trust Doctrine: The Land is Their Land, but After Robinson, Might This Land Really Be Our Land?

Gregory S. Munro, The Public Trust Doctrine and the Montana Constitution as Legal Bases for Climate Change Litigation in Montana, 73 Mont..

Kylie Wha Kyung Wager, In Common Law We Trust: How Hawai'i's Public Trust Doctrine Can Support Atmospheric Trust Litigation to Address Climate Change, 20 Hastings W. - Nw.

Michael C. Blumm & Rachel D. Guthrie, Internationalizing the Public Trust Doctrine: Natural Law and Constitutional and Statutory Approaches to Fulfilling the Saxion Vision, 45 U.C. Davis L. Rev. 741 (2012).

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).

David Takacs, The Public Trust Doctrine, Environmental Human Rights, and the Future of Private Property, 16 N.Y.U. Envtl.

Michael C. Blumm & Mary C. Wood, «No Ordinary Lawsuit»: Climate Change, Due Process, and the Public Trust Doctrine, 67 Am.

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.

The litigation, ignited by Our Children's Trust in 2015, relies on the public trust doctrine — a legal canon that stresses the government's hold on resources such as land, water or fisheries as treasure for the people.

Because it chose to promote and subsidize fossil fuel use that resulted in greenhouse gas emissions, the government violated the plaintiffs» right to protection from environmental degradation under the public trust doctrine, the suit alleges.

«Under the Public Trust Doctrine,» points out Al Isselhard, «the State of Ohio's policy is to protect the public trust held waters and minimize the occupation of public trust lands for private benefit.

This and the arguments put forth by the other plaintiffs are intended to show that Alaska is violating its own constitution and what's called the «public trust doctrine.»

Before arriving, I had no experience in climate change litigation and had only read about the use of the Public Trust Doctrine in this realm.

His view of our environment as a human right perfectly aligns with OCT's championed core: the Public Trust Doctrine.

Thus by subjecting the «Offer for Preservation» gardens to sale or development, the regulation may violate the public trust doctrine by allowing development of gardens that likely qualify as dedicated parkland.

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.

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.

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».

Permission to extract groundwater under the public trust doctrine, for example, might be granted based on the ability to show public benefit for any proposed extraction.

Under a public trust doctrine private water use would be subservient to the public interest.