Boston College Environmental Affairs Law Review Volume 24 | Issue 1 Article 5 9-1-1996 Something Old, Something New: Applying the Public Trust Doctrine to Snowmaking Alethea O'Donnell Follow this and additional works at: http://lawdigitalcommons.bc.edu/ealr Part of the Environmental Law Commons Recommended Citation Alethea O'Donnell, Something Old, Something New: Applying the Public Trust Doctrine to Snowmaking, 24 B.C. Envtl. Aff. L. Rev. 159 (1996), http://lawdigitalcommons.bc.edu/ealr/vol24/iss1/5 This Comments is brought to you for free and open access by the Law Journals at Digital Commons @ Boston College Law School. It has been accepted for inclusion in Boston College Environmental Affairs Law Review by an authorized administrator of Digital Commons @ Boston College Law School. For more information, please contact
[email protected]. SOMETHING OLD, SOMETHING NEW: APPLYING THE PUBLIC TRUST DOCTRINE TO SNOWMAKING Alethea O'DonneU* "By the law of nature these things are common to mankind-the air, running water, the sea and consequently the shores of the sea."! I. INTRODUCTION Skiing in America is big business.2 Many ski resorts are finding that because of tough competition from neighboring operations, they must expand their resorts with more trails, more lifts, and consequently, more snow.3 This increased competition, coupled with a decreased natural snowfall, has made ski resorts extremely dependent on snow making for their surviva1.4 Ski resorts have become so dependent on snowmaking, in fact, that without snowmaking, a ski resort in today's market probably would go out of business.5 Environmental groups allege that harmful environmental conse quences accompany the making of snow.6 In order to create a sufficient amount of snow to cover the ski slopes, a resort must draw water from some water source, such as a stream, pond, or lake.7 Environmental- * Managing Editor, 1996-1997, BOSTON COLLEGE ENVIRONMENTAL AFFAIRS LAW REVIEW.