Public Trust Interview with Kacey Cook

Interview with Kacey Cook, Constance and Terry Marbach Conservation Attorney

Kacey’s career path in environmental law was charted during her time as a student in CLC’s Conservation Law Clinic at the IU Maurer School of Law. After graduating, Kacey served as Policy Specialist and Staff Attorney at Tip of the Mitt Watershed Council in Northern Michigan, where she collaborated with local communities to protect the area’s abundant freshwater resources. In 2022, she was invited to return to CLC, this time as the Constance and Terry Marbach Conservation Attorney.

Question: What is the public trust doctrine?

Cook: The public trust is a legal doctrine that has been passed down from Roman law through British common law and finally to federal and state law here in the United States. Under the doctrine, certain natural resources are held in trust by the government for the benefit of the public.

The public trust has been recognized to extend to a variety of natural resources and to protect several public uses, varying from state to state. As trustee of the public trust resources, the State is required to steward them for the benefit of current and future generations.

Lake Michigan is one of Indiana’s most important public trust resources, and CLC has played a key role in advocating for the recognition and protection of the public’s rights to the lake and its beaches.

Question: Why are the Great Lakes an important natural resource and what challenges do they face?

Cook: The Great Lakes hold one fifth of the planet’s freshwater, making up the largest freshwater ecosystem in the world. They house incredible biodiversity and are home to many endangered and threatened species. They also play a central role in supporting regional economies and serve as the source of drinking water for more than 28 million people. Visitors from all over the world come to enjoy their beauty and the recreational opportunities they provide.

The Great Lakes are faced with several challenges including erosion and access issues caused by shoreline hardening, the threat of pollution from industry, nutrient pollution from agricultural runoff, and the spread of invasive species.

Fortunately, the public trust doctrine can be employed to address these challenges, and public trust advocates are engaged in those efforts throughout the Great Lakes Region.

Question: What makes the public trust a powerful legal tool?

Cook: The public trust is a promise that certain public interests in shared resources will be protected above all else. This promise has been passed down from government to government, generation to generation, over millennia.

Relatively few states in the U.S. have recognized a constitutional right to a healthy environment, but every state has its own public trust doctrine. As a result, the public trust is often one of the most powerful tools advocates can use to ensure that important natural resources are stewarded for the benefit of all people.

Question: Why are you passionate about working on public trust issues?

Cook: I grew up along the shores of Lake Michigan and Lake Superior in Michigan. It’s personal to me. I pursued a career in environmental law because I wanted to protect the places I love most and contribute to efforts that ensure all communities have access to healthy environments and our shared natural resources.

In the face of climate change, it is now more critical than ever that our freshwater resources are managed equitably and sustainably. The public trust places that goal within reach, and I am grateful to have the opportunity to work toward it every day.

Question: How can members of the public participate in efforts to protect Indiana’s Lake Michigan public trust resources for current and future generations?

Cook: The first step is to learn about your public trust rights and to spread the word! Then get out and exercise those rights by enjoying the beautiful shores and waters that are held in trust for all of us.

We also encourage you to join the ongoing fight to ensure that these resources are around for our children and grandchildren. You can get involved by supporting advocacy organizations, and by engaging with your representatives and letting them know that the State’s continued protection of the public trust is important to you.

We all have a role to play in protecting our public trust resources and our rights to enjoy them now and in the future, and we are grateful to everyone that supports and participates in these efforts.