Crimes of the Past, Present, and Future: Considering the Global Problem of Microplastic Pollution and the Potential for Success within the Public Trust Doctrine

Microplastic pollution is a global and transboundary issue—one that international states have failed to properly address through regulatory bodies, multilateral treaties, and nonbinding conventions. Despite efforts by the international community to reduce plastic pollution, the problem has been exacerbated exponentially year over year by an ever-expanding plastic industry. The U.N. Intergovernmental Negotiating Committee on Plastic Pollution is currently leading discussions for the most promising solution: a binding treaty targeting the full lifecycle of plastic. Unfortunately, pro-plastic industry groups and lobbyists have been granted a seat at the table, and negotiations have yet to produce a final treaty draft. Although legislation has been unable to manage this growing ecological disaster effectively, there still exists an available avenue to demand action through the courts. In the United States, the public trust doctrine requires states to hold certain lands and waters in trust for future generations. Under this doctrine, a litigant could allege that the state or the federal government violated the public trust when it permitted land and water held in trust to be overcome by microplastic pollution. This Comment will explore international and U.S. approaches to regulating microplastic pollution, why these approaches fail, and how a litigant can potentially use the public trust doctrine as a tool to demand government action.