Nonnavigable Tidelands Subject to Public Trust Doctrine

In a 5 to 3 decision, the United States Supreme Court recently ruled in Phillips Petroleum Co. v. Mississippi that state ownership of lands subject to the public trust doctrine includes nonnavigable tidal lands (18 ELR 20483). The decision could allow states to regulate huge areas of coastal wetlands for a variety of public needs and impose on private landowners in many states a requirement of public access and use.