Cornell Kicks Off Analysis of Public Trust Doctrine

Cornell Kicks Off Analysis of Public Trust Doctrine

Wildlife Management Institute Western Field Representative, Chris Smith, shared thoughts on the implications of the Public Trust Doctrine (PTD) for state fish and wildlife agencies, kicking off an in-depth analysis of the PTD sponsored by Polson Institute for Global Development at Cornell University. Smith's presentation, hosted by the Atkinson Center for a Sustainable Future, was the first in a series of discussions through which practitioners and scholars will explore the opportunities and constraints related to this fundamental element of conservation law. The discussions will culminate in a 3-day workshop in the spring of 2014 designed to contribute to the academic literature, teaching and training related to the PTD, and enhancing application of public trust principles in daily work of resource professionals.

The concept that government holds fish and wildlife in trust for the benefit of current and future generations is explicit in the statutes and constitutions of countries around the world, and is implicit in the norms, customs and governance arrangements of many more. In 1842, the United States Supreme Court articulated this legal duty as the Public Trust Doctrine. Interest is increasing among scholars and natural resource management professionals in the potential for PTD to meet persistent and emergent challenges in natural resource conservation and governance. However, the specific questions that public trust doctrine is able to address and the challenges for implementation have not been fully examined. Concerns have also been expressed about the PTD's current ability to affect conservation outcomes.

Cornell University professors Dan Decker, Bernd Blossey and Charles Geisler along with PhD student Darragh Hare have organized a multi-disciplinary "reading group" that will meet six times to analyze the literature and application of the PTD. Academic participants come from Cornell's Department of Natural Resources, Department of Development Sociology and Atkinson Center for a Sustainable Future. To ground the analysis of the PTD in real world issues, the organizers have invited participants from several state and federal agencies to join the discussions. Dr. Decker said the objective of the effort is "to explore the promise and limitations of public trust thinking as a basis for policy leading to sustainability of natural resources and the principles of natural resource practice that will guide effective management." (cs)

November 15, 2013