Federal Regulatory Authority
Over Lands Beneath Navigable Waters (1 of 5)
The Balance of Power
A distinct characteristic of the American Public Trust Doctrine is that federal
and state governments exercise concurrent authorities over Public Trust interests.
The balance of power shifts according to the interest at stake.
Courts examine the circumstances and purpose of any federal or state action
before applying the general principles of
- Supremacy
- Preemption
- Sovereign immunity
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