Coastal Services Center

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The American Public Trust Doctrine (1 of 4)

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The American Public Trust Doctrine has evolved into a legal theory distinct from its English common law parent. There are three significant differences in the American Public Trust Doctrine:

• Geographical scope
  The scope of the Public Trust Doctrine includes freshwaters.
• Form of government
  The rationale for the Public Trust Doctrine complements the representative democracy of the American government.
• Federal system
  Adopted under the U.S. Constitution, this system split the public interest in the doctrine between the federal and state governments.

These differences and the complications and questions they have engendered are discussed on the following pages.