@article{Brewer:161908,
      recid = {161908},
      author = {Brewer, Jedidiah and Libecap, Gary D.},
      title = {Property rights and the public trust doctrine in  environmental protection and natural resource conservation},
      journal = {Australian Journal of Agricultural and Resource Economics},
      address = {2009},
      number = {428-2016-27949},
      pages = {18},
      year = {2009},
      abstract = {We examine the implications of the public trust doctrine  in natural resource protection
and conservation. A model of  litigation and settlement among disputing parties
suggests  that the public trust doctrine introduces more costs and is  more time consuming
than would be the case with alternative  approaches, such as the purchase of private
rights through  market transactions or application of eminent domain powers  to
reallocate the resource. Because the doctrine allows for  uncompensated redistribution,
it is resisted by current  resource owners. Furthermore, by providing open standing  to
members of the public in challenging existing uses,  public trust disputes encourage
excessive demands,  increasing the incidence of trial over settlement. This  outcome is
exacerbated if the plaintiffs derive utility  from the ‘cause’ and provide litigation
services at  below-market rates, leading to greater investment in  litigation. The costs of
the public trust doctrine appear  to have limited its application beyond the  level
anticipated by proponents. We present a case study of  Mono Lake, part of the well-known
1983 litigation,
National  Audubon v. Superior Court
to illustrate our arguments.},
      url = {http://ageconsearch.umn.edu/record/161908},
      doi = {https://doi.org/10.22004/ag.econ.161908},
}