Right Column

Environmental Management

The California State Lands Commission has broad mandates for protection of California's natural environment.

In its 1892 opinion in Illinois Central Railroad v. Illinois [146 U.S. 387], the U.S. Supreme Court declared that the "Sovereign Lands" of a state are held in trust by the State for all present and future generations, and that such land may not be sold for development incompatible with uses covered by the Public Trust Doctrine.

Historically, the Public Trust Doctrine provided for the public our waterways for "commerce, navigation, and fisheries". Later court rulings added hunting, fishing, swimming and recreational boating, and in 1971 expanded them to include "preservation of those lands in their natural state", in order to protect scenic and wildlife habitat values. A 1983 California Supreme Court ruling [National Audubon Society v. Superior Court, 33 C3rd 419] held that the State has an "affirmative duty to take the public trust into account" in making decisions affecting public trust resources, and also the duty of continuing supervision over these resources which allows and may require modification of such decisions. The Commission follows this mandate when considering the use of "Sovereign Lands" under its jurisdiction, and seeks cooperation of other agencies having authority over public trust resources.

Public rights of access to the State's waterways is mandated by the California Constitution, and the Commission has secured public access easements to many of the state's waterways.

The Commission staff often prepares Environmental Impact Reports (EIRs) for land use changes within its jurisdiction, routinely comments on EIRs for projects that affect the State's lands, and reviews permit applications submitted to the California Coastal Commission, the San Francisco Bay Conservation & Development Commission, and the U.S. Army Corps of Engineers.