The Public Trust Battle Continues
As a supporter of the Conservation Law Center, you know about our big win at the Indiana Supreme Court in 2018 with the Gunderson v. Indiana decision. CLC represented the environmental groups Save the Dunes and Alliance for the Great Lakes through the Trial Court, the Indiana Court of Appeals, and the Indiana Supreme Court, and through our opponents’ unsuccessful petition to the U.S. Supreme Court. CLC was a major driving force defending Indiana’s ownership of its Lake Michigan shore and the public’s right to enjoy it.
But the fight is not over — not by a long shot.
Despite their losses at the Indiana and US Supreme Courts, some of the same property owners and out-of-state interest groups continue to push their argument, hoping to undue our progress. The federal lawsuit—Pavlock v. State— directly challenges the Indiana Supreme Court’s decision in Gunderson and poses a threat to Hoosiers’ shared ownership of the lakefront.
It has become clear to us that the case was not just about the Gundersons and a single beach. Nor was it just about Indiana or even just about Lake Michigan. Rather, the Gunderson case was a strategically important battle in a nationwide war over the sanctity and future of public lands in this country.
So, what is at stake in the Pavlock case?
Much is it risk here. If the plaintiffs and Pacific Legal Foundation win this case, many Lake Michigan beaches will likely become privatized, such as those in Long Beach, Indiana, so that anyone who does not own an expensive lakefront lot will be excluded from walking along the beach attached to their town. The privatization of these public shores would also have ripple effects on protected lands that include such shores. The ripple effects of a loss in the Pavlock case could be far-reaching and would not be limited to one beach, to Indiana, or even to the Great Lakes.
In addition, a win by the plaintiffs and Pacific Legal Foundation would greatly weaken the “public trust.” The public trust says that governments have a duty to care for and protect our natural resources, which really belong to the people. The idea is very democratic and is intended to prevent important natural resources such as rivers and large lakes from being monopolized by a few individuals to the detriment of the public. The public trust underpins the recognition of the lakeshore as public land in Gunderson. It is also a major legal tool used by environmental advocates to try to protect all sorts of public resources besides shores — water, wildlife, lands, and the atmosphere. The public trust is one of our few judicial safety nets for circumstances where legislation fails to fully or adequately protect our natural heritage. CLC is in it for the long haul, and we will continue to defend the gains we’ve made for the people of Indiana and the public trust lands across the country. We will oppose the privatization of public resources, and we will go to court when public resources such as the Lake Michigan shores are threatened. We will stand up for and defend the public lands and waters you love and also the very idea of a natural heritage protected by our duty-bound government and held sacred by all.