MICHAEL CAIN :: essays papers

MICHAEL CAINMichael Cain is an lawyer for the Wisconsin Department of Natural Resources (WDNR) and he came to talk to us about the maturation of the public aver dogma in Wisconsin dealing with navigable peeing and current development issues related to the public trust. The precept states that a powerful body of common law has developed which holds that all navigable amniotic fluid be held in trust by the state for the public and by the DNR Department of Justice and District Attorneys they have an affirmative duty to nurse these public trust waters. With the increase in recreational and developmental pressures the number of aquatic resources diminishes increasing the importance of this issue and the grounds of the public trust doctrine. This is important because the doctrine provides the foundation for preserving aquatic natural resources for the future. Wisconsin is facing developmental problems mainly, but not limited to, the atomic number 7ern part of the state. Pe ople pauperization to buy lakefront property to put their home or cottage on to get further from the cities and closer to nature. What they dont realize is that growing this lakefront property like your home in the cities is ruining the natural botany and destroying shoreline habitat. The runoff of chemicals gets in the water affecting water quality and the removal of shoreline vegetation for recreational purposes reduces wildlife habitat. Basically they are pushing out the wildlife that they are trying to get closer to by being in the north woods.Cain talked about the historical aspect behind the public trust doctrine and its judicial construction. The doctrine was written to reflect the publics interest group in waterways and to respond to the activities that have and will impact the navigable waterways. The doctrine took into consideration cases such as Willow River vs. Wade in 1898 recognizing the amend of the public to fish in navigable waters. The doctrine was late r spread out with the recognition of changes in public needs and use such as recreational purposes and scenic beauty. Many important cases have come onwards the Supreme Court since the expansion of the trust doctrine. Take the Village of Menomonee fall vs. DNR where there was the proposal to channelize two and a half miles of Lilly creek with concrete for purposes of stormwater control. The DNR won this case because it would destroy the natural habitat and esthetics of the stream and was inconsistent with the goals for the area that had already been established.