Public Trust Doctrine Flashcards
What is the public trust doctrine?
The doctrine impresses upon states the affirmative duties of a trustee to manage the country’s natural resources and embodies four (4) key principles: environmental protection, stewardship, communal responsibility, and sustainability (EpSCrS).
The doctrine reaffirms the superiority of public rights over private rights for critical resources. In this framework, a relationship is formed:
(a) the State is the trustee, which manages specific natural resources;
(b) the natural resources are the trust principal; and
(c) the current and future generations, as the beneficiaries.
The public is regarded as the beneficial owner of trust resources, and courts can enforce the public trust doctrine even against the government itself.
