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
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.