The Public Trust as an Evolutionary Doctrine: How the Trust can be Used to Allege an Injury Under Standing

The public trust doctrine provides protection of public access to resources, such as navigable waterways, protected under the public trust. The doctrine has evolved over time to protect natural resources such as tidelands, submerged waterbeds, wildlife, and climate change. Juliana v. United States is a groundbreaking trust case that moves the application of the trust to the management of climate-change regimes. Although the doctrine has been criticized as a façade, forestalling real recourse for change, it can be used to show standing for current and future generations. Accordingly, Juliana outlines how this doctrine is not just evolutionary it is also revolutionary.