The public trust doctrine, an ancient legal precept of public ownership of important natural resources, has been traditionally moored to navigable waters. However, many judicial interpretations of the doctrine recognize that it has evolved in the past (for example, from tidal waters to navigable-in-fact waters) and will continue to evolve in the future to meet the felt necessities of the times. This talk considers the application of the public trust doctrine to wildlife, which states have long claimed to be publicly owned, by exploring some of the relevant case law and statutes.
Results/Conclusions
The case law and statutes reveal that prospects for extending the public trust doctrine to include wildlife are extremely promising. For example, a 2008 decision of the California Court of Appeal ruled that wildlife was a public trust resource. Widespread adoption of this court’s reasoning would produce important legal changes in wildlife law, including granting the public standing to challenge decisions allocating wildlife, giving states authority to seek monetary damages for wildlife destruction, and requiring states to protect wildlife habitat from destruction, and insulating states from claims of takings of private property when they regulate to protect wildlife habitat. Extending the public trust doctrine to wildlife will require artful litigation by those familiar with both the public trust doctrine and state claims of public ownership of wildlife.
