Civics Concept: Public Trust Doctrine

One of the core tenants of U.S. law is the right of private property ownership. But what about property that is public? According to Cornell Law, “Public trust doctrine is a legal principle establishing that certain natural and cultural resources are preserved for public use. Natural resources held in trust can include navigable waters, wildlife, or land. The public is considered the owner of the resources, and the government protects and maintains these resources for the public's use.” This is the core concept behind federal environmental protection regulations such as the Endangered Species Act which celebrated its 50 year anniversary in 2023. When designating and administering public lands, a wide variety of considerations are included, such as the rights of impacted private property. Trying to balance all these considerations can lead to tensions stemming from the government’s actions in protecting, maintaining, and regulating public lands. Routinely the actions taken on behalf of public land and resources will negatively affect individuals and entities, sparking the continued debate between the common good (public resource stewardship) and individual rights. In using the interactive Continuum Dialogue activity, students can explore their own opinions on what that balance should be and which considerations should be at the forefront of the government’s decision making.