Could the Public Trust Doctrine be used for climate litigation in Australia? The modernisation of the Public Trust Doctrine in the US and Canada in the context of the climate emergency

Lauren Butterly; Rena Hasimi; Elaine Johnson; Rana Koroglu

Could the Public Trust Doctrine be used for climate litigation in Australia? The modernisation of the Public Trust Doctrine in the US and Canada in the context of the climate emergency

Lauren Butterly, Rena Hasimi, Elaine Johnson, Rana Koroglu

Research output: Contribution to specialist publication › Article in specialist publication

Abstract

Two recent proceedings in the United States and Canada have sought to reconceptualise the public trust doctrine (PTD) and apply it to the modern challenge of the climate emergency. The PTD is “based on the idea that certain common resources such as the air, waterways and forests [are] held in trust by the State for the benefit and use of the general public.” In Australia, the PTD is not a new concept.

Original language	English
Volume	35
No.	1
Specialist publication	Australian Environment Review
Publication status	Published - 2020
Externally published	Yes

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https://search.informit.org/doi/abs/10.3316/agis.20200813034895

Cite this

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title = "Could the Public Trust Doctrine be used for climate litigation in Australia? The modernisation of the Public Trust Doctrine in the US and Canada in the context of the climate emergency",

abstract = "Two recent proceedings in the United States and Canada have sought to reconceptualise the public trust doctrine (PTD) and apply it to the modern challenge of the climate emergency. The PTD is “based on the idea that certain common resources such as the air, waterways and forests [are] held in trust by the State for the benefit and use of the general public.” In Australia, the PTD is not a new concept.",

author = "Lauren Butterly and Rena Hasimi and Elaine Johnson and Rana Koroglu",

year = "2020",

language = "English",

volume = "35",

journal = "Australian Environment Review",

issn = "1035-137X",

publisher = "Lexis Nexis",

}

Could the Public Trust Doctrine be used for climate litigation in Australia? The modernisation of the Public Trust Doctrine in the US and Canada in the context of the climate emergency. / Butterly, Lauren; Hasimi, Rena; Johnson, Elaine et al.
In: Australian Environment Review, Vol. 35, No. 1, 2020.

Research output: Contribution to specialist publication › Article in specialist publication

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AB - Two recent proceedings in the United States and Canada have sought to reconceptualise the public trust doctrine (PTD) and apply it to the modern challenge of the climate emergency. The PTD is “based on the idea that certain common resources such as the air, waterways and forests [are] held in trust by the State for the benefit and use of the general public.” In Australia, the PTD is not a new concept.

M3 - Article in specialist publication

SN - 1035-137X

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JF - Australian Environment Review

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Could the Public Trust Doctrine be used for climate litigation in Australia? The modernisation of the Public Trust Doctrine in the US and Canada in the context of the climate emergency

Abstract

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