Public trust doctrine needed for oceans.

• Position: Ecology

Since Congress lifted a moratorium on offshore drilling last year, Federal lawmakers have grappled with the issue of how best to regulate U.S. ocean waters to allow oil, wave, and wind energy development, while sustainably managing critical fisheries and marine animal habitats. A policy paper by a team of specialists from Duke University, Durham, N.C., contends that establishing a public trust doctrine for Federal waters could be an effective and ethical solution to this and similar conflicts.

"A public trust doctrine could provide a practical legal framework for restructuring the way we regulate and manage our oceans. It would support ocean-based commerce while protecting marine species and habitats," indicates lead author Mary Turnipseed, a doctoral student at the School of the Environment. The public trust doctrine is "a simple but powerful legal concept" that obliges governments to manage certain natural resources in the best interests of their citizens, without sacrificing the needs of future generations.

The doctrine already is well established in the U.S. at the state level, where natural resource agencies are legally bound to seek action against private parties who infringe on the public trust. Extending the public trust doctrine to U.S. ocean waters would help Federal agencies better manage conflicting demands such as conservation, offshore energy development, fisheries, and shipping in the 3,600,000 nautical square miles of water included in our country's territorial sea and Exclusive Economic Zone. Currently, more than 20 Federal...