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NHI uses the public trust doctrine to reverse the tragedy of the commons – the cumulative impact of development decisions on the sustainability of a watershed. We seek enforceable plans for restoration, including accountability for actual results.
The public trust doctrine originated in ancient Roman and English laws as a legal promise that the sovereign would maintain the public use of rivers for navigation, commerce, and fishing. It became part of U.S. common law in 1792. In its modern form, the doctrine requires each U.S. State to protect public trust resources – navigable waters and their submerged lands – against unnecessary harm associated with development such as water diversions, docks or in-fills. It complements the statutory and regulatory laws that generally govern uses of natural resources
We represented California Trout in the Mono Lake Cases, which applied the public trust doctrine to limit water diversions for the first time in the history of California. We have subsequently used the doctrine in a variety of cases in urban as well as rural ecosystems, and in circumstances where damage to aquatic ecosystems has complex causes.
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