Is the atmosphere a public trust?

August 01, 2011

Just when you thought environmental rules couldn’t become more confusing, an organization is actively working to redefine the legal nature of the atmosphere.

Our Children’s Trust is pursuing a whirlwind of legal actions in all 50 states in an effort to define the atmosphere as a public trust resource, which would mean that the public trust doctrine would apply to climate change issues. Such a definition would mean that state and federal governments would have a fiduciary duty to combat climate change. The NRECA is closely monitoring the group’s activities.