Re: Public Trust: Legal Tool | <– Date –> <– Thread –> |
From: Scott Jackson (sjackzen46gmail.com) | |
Date: Fri, 9 Jan 2015 12:10:34 -0800 (PST) |
Thanks for the post, Susu. I checked out the book at Amazon.com - it looks excellent, if pricey. Perhaps it would be an appropriate text for the book club. I also checked out the links. I like the idea of a 'children's climate crusade' in the Twin Cities and Minnesota. Scott Jackson sjackzen46 [at] gmail.com On Fri, Jan 9, 2015 at 1:04 PM, Susu <susujeffrey [at] msn.com> wrote: > Coldwater Journal > > January 2015 > > Public Trust Doctrine: People's Inalienable Right > > > > *Nature's Trust: Environmental Law for a New Ecological Age* is a book by > Mary Christina Wood a legal scholar who traces this public trust doctrine > all the way back to ancient Rome. > > > > Government is a trustee of the resources that support our public welfare > and survival. In the case of the public trust, the beneficiaries are the > present and future generations of citizens. > > > > Ding! Ding! Ding! This is a precedent! > > In fact, this was articulated by the Chief Justice of the Pennsylvania > Supreme Court in a landmark public trust decision in 2013. And the decision > basically overturned a statute that the Pennsylvania Legislature had passed > to promote fracking. > > > > The Chief Justice of the Pennsylvania Supreme Court, Chief Justice > Castille, said this violates the public trust. He began his opinion by > saying that citizens hold inalienable environmental rights to assure the > habitability of their communities. > > > > These rights are ensconced in the social contract that citizens make with > government. They are inherent and reserved. So they are of a constitutional > nature. And the point of the public trust is that the citizens hold these > constitutional rights in an enduring natural endowment that is supposed to > support all future generations of citizens in this country. > > This is so basic to democracy, in fact, the late Joseph Sax (environmental > legal pioneer, > http://www.nytimes.com/2014/03/11/us/joseph-l-sax-who-pioneered-legal-protections-for-natural-resources-dies-at-78.html?_r=0) > said the trust distinguishes a society of citizens from serfs. > > > > The public trust doctrine is not just an environmental issue. This is a > civilizational issue. > > > > Excerpted from a Bill Moyers program. Please see: > > > http://www.alternet.org/environment/bill-moyers-ingenious-project-save-our-climate-using-ancient-legal-theory > > > > -- > You received this message because you are subscribed to the Google Groups > "MN350 Tar Sands Team" group. > To unsubscribe from this group and stop receiving emails from it, send an > email to mn350-tar-sands-team+unsubscribe [at] googlegroups.com. >
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Fwd: BREAKING: Major Keystone XL news Scott Jackson, January 9 2015
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