Beyond Mono Lake

The Mono Lake case was followed by a surge of interest across the nation in use of the public trust doctrine as a tool of environmental advocacy, and in some jurisdictions, a statement of environmental rights. This chapter reviews the ongoing development of the doctrine around the United States: the different forms of law through which it operates, the different resources it protects, different values vindicated, and even different legal theories about the nature of the doctrine itself. The variety reveals there is no such thing as “the American public trust doctrine,” only a tapestry of related implementations of the public trust principles at the core of the doctrine – the partnered state trustee obligations and corresponding public rights. The chapter also considers the contested intersection between the trust and federal law. While scholars debate the existence of a federal trust, the doctrine is increasingly recognized as a background principle of state property law for the purposes of takings litigation under the federal Fifth Amendment. In a little-known chapter of Supreme Court history, the justices negotiated not to address the role of the trust in takings litigation.