Can a Lake Enter a Lawsuit Against the Government of Utah?

There’s a lawsuit making its way through the courts in Utah on behalf of the Great Salt Lake. This doesn’t mean this giant body of water has retained an attorney to air its grievances. Inanimate things like lakes can’t sue like a person. 

Law Professors File Lawsuit Against the State in Behalf of Lake 

Last year a group of law professors and other interested environmental groups filed a brief against the state of Utah for failing to allow enough water to enter the Great Salt Lake. This is based on the idea that the state has the trust of the public to protect the resources of the state. 

Their contention is the state has allowed too much water to be diverted to farms and homes, and the lake is drying out. This will result in a loss of resources and the environmental impact of a dry lakebed. 

District Judge Allows the Lawsuit to Move Forward 

The state and those who use the water asked the courts to dismiss the lawsuit but in March a district judge said it could continue. This is what the Judge Laura Scott said in the ruling: 

Despite hundreds of pages of briefing, Defendants have failed to explain how the public trust doctrine can possibly protect the acknowledged ‘public trust values of navigation, commerce, and fishing’ if there is no obligation to preserve the waters themselves.

Lawsuit Could Have Far Reaching Effects 

Depending on the result of this lawsuit it could have big implications for the future. There are many opinions on the best use of public lands and things like mineral reserves in Utah and the rest of the west. 

Read More: Wild Horses Run Through Nevada’s Military Test Range

Filing suits against governments over land use and resources isn’t new but this may indicate a shift in how these lawsuits are filed and how the courts will rule. It could change how decisions are made with population growth and industry in the state.