From the U.S. Supreme Court case of PPL Montana vs. State of Montana, decided in February, 2012, that says the public trust doctrine belongs to the states, not the Federal government:
"The public trust doctrine is of ancient origin. Its roots trace to Roman civil law and its principles can be found in the English common law on public navigation and fishing rights over tidal lands and in the state laws of this country. See Coeur d’Alene, 521 U. S., at 284–286; Illinois Central R. Co. v. Illinois, 146 U. S. 387, 458 (1892) ; D. Slade, Putting the Public Trust Doctrine to Work 3–8, 15–24 (1990); see, e.g., National Audubon Soc. v. Superior Court of Alpine Cty., 33 Cal. 3d 419, 433–441, 658 P. 2d 709, 718–724 (1983); Arnold v. Mundy, 6 N. J. L. 1, 9–10 (1821). Unlike the equal-footing doctrine, however, which is the constitutional foundation for the navigability rule of riverbed title, the public trust doctrine remains a matter of state law, see Coeur d’Alene, supra, at 285 (Illinois Central, a Supreme Court public trust case, was “ ‘necessarily a statement of Illinois law’ ”); Appleby v. City of New York, 271 U. S. 364, 395 (1926) (same), subject as well to the federal power to regulate vessels and navigation under the Commerce Clause and admiralty power. While equal-footing cases have noted that the State takes title to the navigable waters and their beds in trust for the public, see Shively, 152 U. S., at 49, 15–17, 24, 46, the contours of that public trust do not depend upon the Constitution. Under accepted principles of federalism, the States retain residual power to determine the scope of the public trust over waters within their borders, while federal law determines riverbed title under the equal-footing doctrine."
So, the Feds don't have Constitutional authority to exercise the Public Trust Doctrine, over ducks or rivers within a state. The states do. I can't wait for the Louisiana Legislature to take the reins over duck hunting in Louisiana. Me, I g'on kill some ducks, yeah!
My lab died, and no one on Duckhuntingchat even cared.
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