The public trust doctrine is a little-known bit of legal history that is now touted as an ancient rule of law that allows governments to control property long presumed to be privately owned.
Nearly twenty years ago, homeowners around Love Canal, an abandoned waste site in Niagara Falls, New York, found chemicals leaking into their homes. Crude health studies suggested that the chemicals might have caused serious diseases and genetic problems. The State of New York declared a public...
It is increasingly clear that Congress will amend the Endangered Species Act. For one thing, property rights groups, who are important constituents of the new Republican Congress, are outraged at the power the Act gives federal agents to control landowners' use of their property. For another, the...