(University of Oregon School of Law, 2008) Lords, Courtney
Parts I and II of this Article provide an overview of the
climate change crisis and the public trust doctrine. Part III
discusses trusts generally and the difference between private and
public trusts. Part IV discusses the duties owed by the trustee to
the trust beneficiaries; specifically, the trustee's duty of loyalty
and the several sources from which the duty is derived. Part V
takes an in-depth look at the types of conflicts of interest
confronted by trustees and trustees' agents in their
administrative capacity. Recent examples from federal agencies
are provided to demonstrate how conflicts of interests influence
decisions that impact the public trust. Finally, Part VI ties the
trust principles, trust duties, and trustee conflicts of interest
together and suggests future actions to attract the trustee's
attention.
