The Public Trust, Atmospheric Pollution, and the Oregon Supreme Court: A Law Professors' Amicus Brief

Abstract

This amicus brief, submitted in support of youth plaintiffs who alleged that the state of Oregon violated its public trust duties in failing to protect trust resources from damage due to greenhouse gas emissions, was signed by 107 law professors. The brief explained the origins of the public trust doctrine, its longstanding application in Oregon, the affirmative duties it imposes on the state, and the supervisory role of the courts in implementing the doctrine. The Oregon Supreme Court has been considering the case for nearly a year by mid-2020.