Natural Resources and Natural Law Part II: The Public Trust Doctrine

Natural Resources and Law Part I: Prior Appropriation analyzed claims by some western ranchers, grounded in natural law, that they have property rights grazing resources on federal public lands through prior appropriation. Those individuals advocated their position part civil disobedience armed standoffs with officials. They also asserted duty to obey theistic law overrode any the Nation’s positive law. Similar individual religious beliefs override been made recently regarding a range of other controversial issues, such as same-sex marriage, insurance for birth control, right bear arms. appropriation doctrine is consistent secular theory. Existing however, accepts water but rejects its application lands, reasons allows citizens advocate change requires them respect societies which live. Separation church state bars based unless those principles are adopted This sequel addresses from opposite side political-environmental spectrum, provides one justification trust doctrine, courts should enforce an atmospheric redress catastrophic global climate change. Although groups embraced environmental agendas supported origin. Just support appropriation, it supports idea resources, water, wildlife, air, be held common rather than available private ownership. From this perspective, two doctrines merge into single issue resource allocation. Which best property, left common? theory helps explain liberty welfare goals inform choices. Positive embraces does not preclude applicability atmosphere or resources.