The public trust doctrine requires the sovereign, or state, to hold in trust designated resources for the benefit of the people. Traditionally, the public trust applied to commerce and fishing in navigable waters, but its uses were expanded in California in 1971 to include fish, wildlife, habitat and recreation.
How does public trust doctrine work?
Public trust doctrine is a legal principle establishing that the government owns and manages certain natural and cultural resources for public use. Natural resources held in trust can include navigable waters, wildlife, or land.
What is public trust doctrine under environmental law?
Public trust doctrine enforces a legal right for the general public and a positive obligation for the state to perform its duty. Our constitution reflects the concern for the environment and it also guarantees us the right to a clean environment.