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Water Public Trust Doctrine

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

Downey Brand LLP

Third Appellate District Extends Public Trust Doctrine to Groundwater, Finding That Counties Have a Duty to Administer the Trust...

Downey Brand LLP on

On August 29, 2018, the Third Appellate District published its long-awaited opinion in Environmental Law Foundation v. State Water Resources Control Board (“ELF”), a case involving a challenge to Siskiyou County’s (“County”)...more

Best Best & Krieger LLP

Public Trust Doctrine & Water Rights - The Walker Case: Does the Public Trust Doctrine Apply to Water Rights Established in...

A case currently pending in the Ninth Circuit raises a significant and novel issue of western water law. The case addresses whether the public trust doctrine can authorize modification of a water rights decree and...more

Best Best & Krieger LLP

Does the Public Trust Doctrine Apply to Groundwater? The California Supreme Court May Decide

The California Supreme Court is currently considering a petition that raises an important and novel issue of California water law: whether the public trust doctrine applies to groundwater. The public trust doctrine holds that...more

Allen Matkins

First District Court of Appeal Holds State Water Board May Restrict Beneficial Water Use by Senior Water Rights Holders, Relying...

Allen Matkins on

Most Californians are well aware of the restrictions currently being placed on water use throughout the state. The ongoing drought and dwindling water supplies in California are dramatically affecting those with rights to...more

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