Is Air A "Public Trust"?

The common law has always held that water resources are a "public trust," and that no one has the right to pollute or destroy waterways and water sources at the expense of the people who use the water.  Now suits have been brought in Texas and New Mexico claiming the same rights for users of the atmosphere. And the suits are so far successful!  This could be a real turning point in the fight against polluters who use our atmosphere as a free dump for their waste.  Stay tuned!

http://www.commondreams.org/view/2012/07/26-2