ABSTRACT

Legal theories have been created to make the law more definite and certain by delineating areas of conduct that are permissible and prescribing the consequences if the principles are violated. The legal theories on which environmental law suits are based seek to balance the interests of society in preserving the environment and the private rights of individuals. Nuisance is a common law principle that is defined as an unreasonable and substantial interference with the use or enjoyment of one's property without an actual physical trespass or unauthorized physical entry. Negligence is a legal theory that is part of the subject of torts, or legal wrongs. The public trust doctrine is a legal theory based on the principle that property owned by government is held in trust for the public. The judgment of the court declares that the arguments as to the trusteeship of the tidelands and the legal objections surrounding the environmental and ecological factors.