Journal of Environmental Law & Litigation : Vol. 23, No. 2, p. 519-542 : Protection of Public Trust Assets: Trustees' Duty of Loyalty in the Context of Modern American Politics

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Date

2008

Authors

Lords, Courtney

Journal Title

Journal ISSN

Volume Title

Publisher

University of Oregon School of Law

Abstract

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.

Description

A print copy of this title is available through the UO Libraries under the call number: LAW LIB. K 10 .O425

Keywords

Climate change, Public trust, Private trust, Climatic changes

Citation

23 J. ENVTL. L. & LITIG. 519 (2008)