Using the Federal Public Trust Doctrine to Fill Gaps in the Legal Systems Protecting Migrating Wildlife from the Effects of Climate Change

I. Introduction II. The Impact of Global Climate Change on Wildlife ... A. General Impact of Climate Change ... B. The Impact of Global Climate Change on Wildlife … 1. Wildlife Migration ... 2. Assisted Migration and Protecting Migratory Corridors III. Rigid Federal Laws and Inadequate Private Conservation Mechanisms ... A. Federal Lands and Federal Laws ... B. Inadequate Private Conservation Mechanisms IV. The Public Trust Doctrine and a Federal Trust in Wildlife ... A. The Public Trust Doctrine ... B. Strong Federal Interest in Wildlife V. Three Theories Supporting the Existence of a Federal Public Trust Doctrine and Why It Has Not Been Displaced by Statutory Law ... A. A Federal Doctrine of Public Trust ... B. Objections to a Federal Public Trust Doctrine ... 1. Statutory Law Displaces Common Law Doctrines Like the Public Trust Doctrine ... 2. The Public Trust Doctrine Invites Courts to Intrude in Policy Making by the Political Branches VI. Proposal VII. Conclusion