A Conversation about the Public Trust in India: Public Participation, Climate Adaptation, and India's 2G Network

by Robert Verchick | December 03, 2012

Property lawyers in the United States love the Public Trust Doctrine (PTD). There’s such a rich history. The doctrine, which holds that important resources must be held “in trust” for public use, originated in Roman law. Centuries later it was forced on King John through the Magna Carta. During America’s industrial revolution, our Supreme Court invoked the doctrine to defend Chicago’s shoreline from hungry rail barons (the case is called Illinois Central Railroad), and we’ve had it ever since.

The PTD fascinates us at CPR too: we see it as a potentially powerful way to protect water resources in the United States. (Visit our Public Trust Doctrine page.) But some of the most interesting and expansive uses of the PTD are taking place on the other side of the world—in India. To learn more about those developments, I turned to Shibani Ghosh, a Research Associate at the Centre for Policy Research, where I am visiting for the semester. Ms. Ghosh is also a public interest lawyer and a visiting member of the faculty at TERI University in New Delhi. I asked Ms. Ghosh to help me understand how the PTD is used in Indian law. Our conversation—which touched on public participation, climate adaptation, and India’s 2G network—is set forth below.  

RV: How did the PTD makes its way to India?

SG: In the 1980s and ‘90s, the Supreme Court of India played a very active ...

Federalism at Work: Recent Developments in Public Trust Lawsuits to Limit Greenhouse Gas Emissions

by Alexandra Klass | July 13, 2012
In a CPRBlog post in May 2011, I discussed the lawsuits filed on behalf of children against all 50 states and several federal agencies alleging that these governmental entities have violated the common law public trust doctrine by failing to limit greenhouse gas emissions that contribute to climate change.  The suits were filed by Our Children’s Trust, an Oregon-based nonprofit. The claims sought judicial declaration that states have a fiduciary duty to future generations with regard to an “atmospheric trust” ...

Nevada Court's Public Trust Decision A Welcome Addition to Growing Body of Protection for State Lands and Resources

by Alexandra Klass | August 08, 2011
Last month, the Nevada Supreme Court held in Lawrence v. Clark County that the public trust doctrine limited the ability of the state to freely alienate certain lands that, though dry at the time of the decision, were submerged under navigable waters at the time of statehood. The case is significant for at least two reasons. First, the court made clear that the public trust doctrine in Nevada places inherent limitations on state power and cannot be easily abrogated by state legislation, ...

Will the Atmosphere Make it as the Public Trust Doctrine's Next Frontier?

by Alexandra Klass | May 06, 2011
On Wednesday, Our Children's Trust, an Oregon-based nonprofit, made headlines when it began filing lawsuits on behalf of children against all 50 states and several federal agencies alleging that these governmental entities have violated the common law public trust doctrine by failing to limit greenhouse gas emissions that contribute to climate change.  The claims seek judicial declaration that states have a fiduciary duty to future generations with regard to an “atmospheric trust” and that states and the federal government must ...

CPR Releases Manual on Water Resources and the Public Trust Doctrine

by Ben Somberg | September 29, 2009
Much of the battle to preserve and protect water resources happens at the state and local levels – in any number of policy choices advocated and made by individuals, organizations, companies, and governments. In recent years, water activists have begun to deploy a new tool geared to shape these decisions. Long-established in legal jurisprudence, the public trust doctrine holds that certain natural resources belong to all and cannot be privately owned or controlled because of their intrinsic value to each ...

Protecting the Invisible: The Public Trust Doctrine and Groundwater

by Yee Huang | July 24, 2009
This is the fourth and final post on the application of the public trust doctrine to water resources, based on a forthcoming CPR publication, Restoring the Trust: Water Resources and the Public Trust Doctrine, A Manual for Advocates, which will be released this summer.  If you are interested in attending a free web-based seminar on Thursday, July 30, at 3:00 pm EDT, please contact CPR Policy Analyst Yee Huang or register here.  Prior posts are available here. Groundwater, invisible as ...

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