It would certainly be a novel application of the doctrine. I hope I was sufficiently clear in that.
There is precedent for using it for environmental resources that are riparian in nature, though not navigable. National Audubon Society v. Superior Court is one of the most famous applications of this.
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Date: 2014-01-28 06:47 am (UTC)There is precedent for using it for environmental resources that are riparian in nature, though not navigable. National Audubon Society v. Superior Court is one of the most famous applications of this.