Amicus Letter.pdf

Pacific Legal Foundation is requesting the California Supreme Court to grant review of the case Envtl. Law Found. v. State Water Res. Control Bd. due to the Third District Court of Appeal's opinion removing any limiting principle to the public trust doctrine. The opinion holds that any activity with a potentially deleterious effect on navigable waterways is subject to public trust obligations, which could lead to unlimited expansion of the doctrine. The foundation argues that this broad reading invites almost unlimited expansion of the public trust doctrine beyond its historical limitations, affecting many human activities that alter rates of erosion, surface runoff, infiltration, and evapotranspiration. The court of appeal's decision lacks clarity on how to interpret complicated interplays between human activities and navigable waterways, and the foundation believes that the Supreme Court should establish an appropriate boundary to the public trust doctrine. The opinion below will have far-reaching impacts within California, potentially leading to confusion in local governments and increased litigation over land-use decisions.