Three recent state court cases have further enlarged the public's right of use and access to the nation's ocean shoreline. These three decisions join a steadily developing body of state case and statutory law that over the past decade has afforded increasing protection to public rights, not only in recreational beaches, but in wetlands that nourish and protect shellfish, fish, and wildlife as well. Benefitting from centuries-old doctrines that favored public ownership and use of coastal areas, the cases and statutes have gone on to expand and define the public interest in a manner consistent with the needs of a populous but environmentally conscious nation.

Because these cases focus upon unique land areas to which the public lays a special claim, the arguments used may possibly be applied to other areas of special public importance farther inland. The doctrines of dedication, prescription, the public trust, and custom, while focused in the beach access cases on the very specific problem of the public's right to use the nation's recreational beaches, nevertheless appear through the recent cases to leave the flexibility and vitality necessary to evolving doctrines of environmental law.