Federal Property and the Preemption of State Public Trust Doctrines

January 1990
Citation:
20
ELR 10003
Issue
1
Author
Cynthia Carlson

Editors' Summary: The public trust doctrine has been the subject of a large and growing body of scholarly analysis. This amorphous legal doctrine, which varies from state to state, generally provides that states hold certain submerged land and tidelands in trust for their citizens. The public trust literature has thoroughly discussed the use of the doctrine in the management of coastal areas. One issue that has not been addressed in detail is the potential preemption of state public trust doctrines in federal property. This Article examines the federal government's capability to preempt state public trust doctrines under the federal property power. The author observes that the resolution of the preemption issue turns on the type of federal property involved. She concludes that state doctrines that conflict with the purpose of special use federal property, such as national parks and wildlife refuges, may be preempted. However, preemption will only occur after a site-specific determination that a particular state public trust doctrine conflicts with a federal property purpose.

Visiting Donner Foundation Scholar, Environmental Sciences Program, University of Massachusetts, Boston, Massachusetts; LL.M., University of Virginia School of Law; J.D., Northwestern School of Law of Lewis and Clark College; B.A., Wellesley College. The author's research has been supported by a grant to the University of Massachusetts, Boston, by the William H. Donner Foundation.

Article File
You must be an ELR-The Environmental Law Reporter subscriber to download the full article.

You are not logged in. To access this content:

Federal Property and the Preemption of State Public Trust Doctrines

SKU: article-25761 Price: $50.00