Saturday, October 1, 2011
The WILDLIFE TRUST DOCTRINE is a law on our books that saids that States have an obligation to manage wildlife species for the benefit of all of their citizens............With Federal Delisting of Wolves becoming the norm in both the Rocky Mountain and ( likely to be implemented soon) Great Lakes States, the WILDLIFE TRUST states that wildlife having no owners, are "res communes", belongiing in common to all of the citizens and states...The States having a sovereign trust obligation to manage wildlife resources for the benefit of their citizens. The WILDLIFE TRUST DOCTRINE is a branch of the broader "public trust doctrine", which traces its legal roots inthe USA back to the mid 19th century.................For the WILDLIFE TURST DOCTERINE to act as a check against narrow interests that promote exploitation over conservation, courts must use the doctrine to hold states accountable to their trust obligations
click to read the entire peer reviewed article entititled: RESCUING WOLVES FROM POLITICS: WILDLIFE AS A PUBLIC TRUST RESOURCE--by Jeremy Brukotter, Sherry Enzler and Adrian Treves
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2 comments:
My understanding of the "public trust" doctrine is that it is not actually a law on the books but a principle of common law dating from ancient Rome and then later England. Public Trust doctrine maintains that certain resources belong to the public, and the government is required to maintain them for public use, especially rights of navigation, buy applicable to other resources as well. U.S. courts have upheld the public trust doctrine, and it is a growing concept in environmental law.
Dave......you are correct.........thanks for clarification
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