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Public Trust Doctrine Natural Resources

Downey Brand LLP

Litigation is Taking California’s Public Trust Doctrine From the Waterfront to the Forefront

Downey Brand LLP on

California courts have long recognized the state’s duty to protect its tidelands, navigable waterways, and submerged lands (i.e., the land below the high tideline) under the common law public trust doctrine. However,...more

Davis Wright Tremaine LLP

Oregon Supreme Court Rejects Expansion of Public Trust Doctrine in Climate Change Lawsuit

In Chernaik v. Brown, the Oregon Supreme Court rejected claims by young climate activists that the public trust doctrine compelled government action to combat climate change. The lawsuit was part of a broader local and...more

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