13 Louisiana opinions name it 3 courts 1975–2024 2 in the last five years
The cases below were cited by Louisiana courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Save Ourselves, Inc. v. La. Environ. Cont. Com'ngreen2 sentences2024In accordance with the public trust doctrine, before granting approval of any proposed action affecting the environment, including permits, DEQ must " determine that adverse environmental impacts have been minimized or avoided as much as possible consistently with the public welfare." Save Ourselves, Inc. v. Louisiana Environmental Control Commission, 452 So.2d 1152, 1157 ( La. 1984). 1994Confronted with such particularized guidelines, we cannot say the *719 HWCL surrenders legislative power to DEQ's unfettered discretion. [17] Furthermore, in addition to the explicit standards imposed upon DEQ by the legislature in the HWCL, we recognized in Save Ourselves v. Louisiana Environmental Control Commission, 452 So.2d 1152, 1156 (La. 1984), that the Natural Resources article of the Louisiana Constitution [18] incorporates the public trust doctrine and "imposes a duty of environmental protection on all state agencies and officials, establishes a standard of environmental protection, | 3 | 9 |
State v. McHughgreen1 sentence2024The legislature shall enact laws to implement this policy.” 4 See also State v. McHugh, 630 So.2d 1259, 1265 (La. 1994) (“The state constitution establishes a public trust doctrine requiring the state to protect, conserve and replenish all natural resources, including the wildlife and fish of the state, for the benefit of its people. | 1 | 1 |
Dow Chemical Co. Louisiana Operations Complex Cellulose & Light Hydrocarbons Plants, Part 70 Air Permit Major Modifications & Emission v. Reduction Creditsgreen1 sentence2024Co., 885 So. 2d at 15 ( DEQ' s " thorough analysis, which considered [ environmental justice/ civil among other things] ... rights Title [ VI] issues as mandated by the Louisiana Supreme Court in Save Ourselves" was sufficient to establish that DEQ complied with its constitutional mandate under the public trust doctrine); and North Baton Rouge Environmental Association, 805 So. 2d at 263 ( DEQ adequately responded to public comment regarding environmental justice concerns and did not violate its constitutional duty to act as trustee of the environment). | 1 | 1 |
North Baton Rouge Environmental v. La. Deqgreen2 sentences2024Co.") ( finding that DEQ' s " analysis, which considered the background, public comment, public comment response summary, alternative sites, alternative projects, measures, mitigating avoidance of adverse environmental effects, cost/benefit analysis, social and economic benefits, and environmental justice/civil rights Title [ VI] issues as mandated by the Louisiana Supreme Court" in Save Ourselves was sufficient to establish that DEQ complied with its constitutional mandate under the public trust doctrine); North Baton Rouge Environmental Association v. Louisiana Department of Environmental Qu 2024Co., 885 So. 2d at 15 ( DEQ' s " thorough analysis, which considered [ environmental justice/ civil among other things] ... rights Title [ VI] issues as mandated by the Louisiana Supreme Court in Save Ourselves" was sufficient to establish that DEQ complied with its constitutional mandate under the public trust doctrine); and North Baton Rouge Environmental Association, 805 So. 2d at 263 ( DEQ adequately responded to public comment regarding environmental justice concerns and did not violate its constitutional duty to act as trustee of the environment). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Louisiana. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Doe v. DeSoto Parish School Board
green
1 sentence2024App. 1St Cir. 6/ 29/ 05), 916 So. 2d 1106, 1112 , writ denied, 2005- 1998 ( La. 2/ 10/ 06), 924 So. 2d 167 . 19 of the public trust doctrine because its analyses pursuant to Save Ourselves of the IT issues and environmental justice were arbitrary and capricious or without sufficient weight given to environmental protection.27 III. | 1 | 2024–2024 |
Boimare v. Riggs
neutral
1 sentence2024Co.") ( finding that DEQ' s " analysis, which considered the background, public comment, public comment response summary, alternative sites, alternative projects, measures, mitigating avoidance of adverse environmental effects, cost/benefit analysis, social and economic benefits, and environmental justice/civil rights Title [ VI] issues as mandated by the Louisiana Supreme Court" in Save Ourselves was sufficient to establish that DEQ complied with its constitutional mandate under the public trust doctrine); North Baton Rouge Environmental Association v. Louisiana Department of Environmental Qu | 1 | 2024–2024 |
Judson v. Davis
green
1 sentence2024App. 1St Cir. 6/ 29/ 05), 916 So. 2d 1106, 1112 , writ denied, 2005- 1998 ( La. 2/ 10/ 06), 924 So. 2d 167 . 19 of the public trust doctrine because its analyses pursuant to Save Ourselves of the IT issues and environmental justice were arbitrary and capricious or without sufficient weight given to environmental protection.27 III. | 1 | 2024–2024 |
Inabnet v. Exxon Corp.
green
1 sentence1999Of course the existence of these considerations and the importance thereof will vary from case to case." Inabnet, 642 So.2d at 1252 . [8] In reaching this conclusion on the application of the public trust doctrine, we note that our determination is made in the context of the Secretary's duty to develop the oyster industry and is only made relative to the inclusion of the navigation and oil field activity clause, the only clause in the oyster lease now before us. [*] Kimball, J., not on panel, recused. | 1 | 1999–1999 |
Phillips Petroleum Co. v. Mississippi
green
2 sentences1995Delacroix asserts that the opinion in Gulf Oil deviates far from the law when it refers to "navigable waters." Delacroix relies on Phillips Petroleum v. Mississippi, 484 U.S. 469 , 108 S.Ct. 791 , 98 L.Ed.2d 877 (1988) in arguing that there is no bar to alienation of sovereign navigable waterbottoms in Louisiana absent a public trust doctrine for the same in the local law of Louisiana. 1995Delacroix asserts that the opinion in Gulf Oil deviates far from the law when it refers to "navigable waters." Delacroix relies on Phillips Petroleum v. Mississippi, 484 U.S. 469 , 108 S.Ct. 791 , 98 L.Ed.2d 877 (1988) in arguing that there is no bar to alienation of sovereign navigable waterbottoms in Louisiana absent a public trust doctrine for the same in the local law of Louisiana. | 1 | 1995–1995 |
Illinois Central Railroad v. Illinois
green
2 sentences1975Co. v. Illinois, 146 U.S. 387 , 13 S.Ct. 110, 118 , 36 L.Ed. 1018 (1892), Act 727 of 1954 would be valid whether classified as interpretive legislation or not, since in that case the United States Supreme Court allowed the legislature to repeal a grant of public lands to private individuals because it violated the public trust. [1] These articles provide: "Art. 450. 1975Co. v. Illinois, 146 U.S. 387 , 13 S.Ct. 110, 118 , 36 L.Ed. 1018 (1892), Act 727 of 1954 would be valid whether classified as interpretive legislation or not, since in that case the United States Supreme Court allowed the legislature to repeal a grant of public lands to private individuals because it violated the public trust. [1] These articles provide: "Art. 450. | 1 | 1975–1975 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.