The ancient Roman doctrine guiding modern environmental fights

In an effort to protect natural resources, environmentalists and tribes are using state-level public trust doctrines to fight development.

A controversial pipeline project in Michigan has been stuck in legal limbo for years. But this month, the Michigan Supreme Court sided with environmentalists and leaned on an ancient legal framework: the public trust doctrine.

This doctrine, which dates back to the Roman Empire, says that natural resources, like water, belong to the public, and development must do no harm. Legal experts say this argument is cropping up more and more in climate and environmental lawsuits. Joining Flora to get into the details are environment reporter Vivian La, and law professor Oday Salim.

Guests:

Vivian La is the climate solutions reporter for Interlochen Public Radio and Grist in Northern Michigan.

Oday Salim is director of the Environmental Law & Sustainability Clinic and a co-director of the Environmental and Energy Law Program at the University of Michigan Law School.

Transcript will be available after the show airs on sciencefriday.com.

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