The doctrine has been carried into American common law via the Magna Carta and English Common Law. It has been argued that laws like the Endangered Species Act have extended the concept of the public trust to apply to the survival of animals and plant species.

Politicians treat environmental organizations not as representatives of the public interest but as just another special interest whose power, influence – and campaign contributions – need to be considered and weighed against the power, influence – and campaign contributions – of corporate and other private interests.

Water privatization and air pollution trading are two examples of environmental establishments being redefined as private.

The drive to redefine water, air, wildlife and all things traditionally public as private is a radical development which conflicts with the bedrock values which prevailed during most of human history.

The Public Trust Doctrine is slowly eroding away.