Public Trust Doctrine

Quick definition

The public trust doctrine holds that certain natural resources are preserved for public use and the government must protect them for the public’s benefit.

What it means in practice

Courts have applied the public trust doctrine most often to navigable waters and shorelines, recognizing limits on the government’s ability to give away, privatize, or degrade these resources in ways that substantially impair public interests.

Why it matters for rights of nature

The public trust doctrine is a bridge concept. Even before rights of nature, the law recognizes special duties around shared waters and ecosystems. Rights of nature builds on that logic by treating nature’s interest as legally cognizable in its own right.

Related Terms

Balancing of Interests

Balancing of interests means nature’s interests are included and weighed as legally cognizable interests – without assuming nature automatically wins every conflict.

Beneficial Use

Beneficial use is a water-law principle that ties water rights to recognized uses, rather than allowing water to be hoarded.

Cause of Action

A cause of action is the specific legal claim that lets a court hear your case, what law was violated and what the plaintiff is entitled to ask for.

Declaratory Judgment

A declaratory judgment is a court decision that clarifies legal rights and duties, declaring what the law means and how it applies, without necessarily ordering immediate action.

Due Process

Due process is the legal requirement that government actions affecting rights follow fair procedures, and in some contexts, be substantively fair.

Duty of Care

A duty of care is a legal obligation to act reasonably to avoid causing foreseeable harm.

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