Public Trust Doctrine No Basis For Judicial GHG Controls

In a closely watched decision (Alec. L., et al. v. Jackson, 1:11-cv-2235 (RLW) May 31, 2012), the U.S. District Court for the District of Columbia held that the public trust doctrine provided no jurisdiction for federal courts to require federal agencies to regulate emissions of greenhouse gases ("GHGs"). Consistent with the Supreme Court's decision in AEP v. Connecticut, the court firmly rejected another attempt by environmental groups to obtain a judicial remedy to force greenhouse gas emissions controls as a substitute for action by the EPA. The court concluded that the district court was a poor forum for adopting broad-scale regulatory programs with widespread economic and social consequences.