Re-imagining the Public Trust Doctrine to Inform U.S. Marine Spatial Planning

With a new U.S. National Ocean Policy and marine spatial planning framework on the horizon, the time is ripe to re-introduce the public trust doctrine as a tool for achieving sustainable ocean governance. Historically, the doctrine identifies state governments as trustees of certain natural resources on behalf of their citizens. When applied, it has enabled far-reaching ecosystem protection. Unfortunately, to date, this protection has not been explicitly extended to natural resources that fall strictly under federal jurisdiction, such as those in ocean waters from 3 to 200 nautical miles from U.S. shores. This talk will explore the legal potential and arguments for articulating federal public trust duties as part of the current ocean governance overhaul. If the new National Ocean Policy does not include the full protections of the public trust doctrine, the federal government could be shortchanging the agencies responsible for achieving coordinated, comprehensive marine ecosystem management, as well as the ultimate beneficiaries of healthy marine ecosystems, the current and future citizens of the United States.
Bio: Mary Turnipseed is a doctoral student in ecology at Duke University. Her dissertation research concerns U.S. ocean policy, specifically the application of the public trust doctrine to federal ocean governance. She recently published two papers on this topic, including a 2009 Policy Forum article in the journal Science. In addition, Ms. Turnipseed is currently working with a team of economists, food systems and global commodity chain experts, and other marine ecologists to understand and identify ways to mitigate the impacts of the global seafood market on ocean ecosystems.