(University of Oregon School of Law, 2021-05-14) Kanner, Allan
The public trust doctrine in America derives from common law, and each new state became the trustee following independence. The public trust doctrine gives the state the right to sue for natural resource damage, among other things. To prevail, the state need show only (1) a protectable public trust interest, (2) unreasonable interference, and (3) a nexus between that interference and a loss to that protected interest. The case law, however, reflects confusion or imprecision about a number of matters.
