Viewpoint - Conservation and the Public Trust on Lake Texoma
Theodore Roosevelt, the Great Conservationist
The man who would become the 26th President of the United States first visited the Dakota Territory badlands in September of 1883. On return trips to the region, Teddy Roosevelt invested in the cattle business, and the badlands toughened him up both physically and mentally.
Living in the rugged terrain and being eyewitness to rapidly occurring changes such as over grazing and loss of wildlife had such a great impact on Roosevelt that he became an ardent conservationist. As president, he established the U.S. Forest Service, created five national parks, 18 national monuments,150 national forests, 51 federal bird reservations and four national game preserves — an important legacy that may never have occurred had Roosevelt not visited the region.
"I never would have been President if it had not been for my experiences in North Dakota," he said. So it was more than fitting that Theodore Roosevelt National Memorial Park was established on April 25, 1947 to commemorate Roosevelt's conservation legacy. It later gained National Park status in 1978.
One of President Theodore Roosevelt's most lasting and significant contributions to the world was the permanent preservation of the some of the most unique natural resources of the United States. According to the National Geographic, the area of the United States placed under public protection by Theodore Roosevelt, as National Parks, National Forests, game and bird preserves, and other federal reservations, comes to a total of approximately 230,000,000 acres or about 84,000 acres per day!
"In utilizing and conserving the natural resources of the Nation, the one characteristic more essential than any other is foresight.... The conservation of our natural resources and their proper use constitute the fundamental problem which underlies almost every other problem of our national life."
Address to the National Editorial Association,
Jamestown, Virginia, June 10, 1907.
Public Trust Doctrine
Trust: an arrangement whereby a person (a trustee) is made the nominal owner of property to be held or used for the benefit of one or more others.
For the first hundred, or so, years of America’s history public trust doctrine litigation and legislation generally tended to focus on providing for the public use of waterways for commerce, navigation, and fisheries; a consequence of the mandates established by Emperor Justinian. Court rulings at both the federal and state levels - and legislation including the relatively recent federal Endangered Species, Marine Mammal and Environmental Protection Acts - over the last 150 years, or so, added hunting. In recent years courts have added swimming, recreational boating, and preservation of lands in their natural state in order to protect scenic and wildlife habitat values as codified elements of the public trust doctrine.
In 1892, the Supreme Court declared that the "Sovereign Lands" of a state are held in trust by the State for all present and future generations, and that such land may not be sold for development incompatible with uses covered by the Public Trust Doctrine. In this and a very long list of Public Trust Doctrine cases and papers the state responsibility continues from the common law source. Park or recreational land can be included particularly when adjacent to and directly associated with bodies of water.
The landmark California Mono Lake case clears up some of the Public Trust Doctrine ambiguity. In earlier court cases, particularly Marks v. Whitney, the public trust doctrine had been understood to protect more than simply public access to certain resources; it also protects recreation, aesthetic values, and ecology. This interpretation was reinforced by the Mono Lake decision.
How can we save our public heritage for the future when our government acts like everything is up for sale to the highest bidder? Fortunately our laws have always recognized that some things are so important that they are not for sale like other property. In fact, the public itself is the owner of some particularly valuable resources. This enhanced legal protection comes in the form of the public trust doctrine, a time-tested set of legal principles based on the idea that certain resources are managed by the state for the benefit of present and future generations of the state’s people. The public trust doctrine is found within each state’s laws and it enables the public not only to reclaim certain resources for public use, but also to redirect development on a more sustainable path. Cautionary mechanisms are in place to shield these assets from the temporary economies of short-term development. The problem is that most people and many public agencies are simply unaware of their rights and responsibilities under this legal framework and it is only rarely enforced. We aim to raise the profile of the trust in contemporary development debates and encourage public trustees to live up to their duties.
The public trust doctrine has served many times throughout our history to help our management institutions regain balance in situations where pure market forces have threatened long term public values. The law protects more than mere public access to trust resources for present and future generations; it creates stewardship responsibilities for trustees and protects a public decision-making zone where public choices are made. Hard as it may be to believe, in many cases we already have the tools we need to make responsible decisions. But our communities and leaders have yet to learn about them. (the Public Trust Alliance and other sources)
Public Trust Action
Federal, state and local legislators and officials have the Public Trust stewardship responsibility for federal, state and local lands at Lake Texoma and it is our obligation as citizens to take action to ensure that they carry out their duties and responsibilities, provide full disclosures and keep the public effectively involved in proposed transactions and decision making processes.
Concerned citizens should consider filing a class action suit in federal or state court to obtain a permanent injunction to invalidate the sale and prevent any new sale or lease of dedicated federal, current or former state and/or local public park and recreation land for other than “affordable” public recreational purposes. Further that the State is not complying with their inherent responsibility to carry out the Public Trust Doctrine on the waters, shoreline and adjacent “affordable” public recreational lands.
The Public Trust Doctrine can be applied retroactively.
Our forefathers and leaders have created these lands and waters for affordable public use; we can do no less to protect our scarce and valuable natural resources for our children and future generations!
