Clark v. Haaland, No. 22-2141, 2024 WL 4763759 (10th Cir. 2024)

Shorelines and beaches are shifting and eroding as climate change causes ocean levels to rise and the Great Lakes to alternate between more erratic high and low water levels. Two common responses to shifting shorelines and erosion are hard shoreline armoring and beach nourishment. However, these responses raise concerns regarding access to public trust resources. Shoreline armoring can restrict public access to the oceans and Great Lakes, as well as diminish their sandy beaches. Government-funded beach nourishment projects may also take place near private homes, resulting in questions as to who is benefiting from these publicly funded projects. This Article describes the legal protections for public access in federal and state regulations regarding shoreline armoring and beach nourishment, two common management responses to climate-disrupted shorelines. It will discuss case law that demonstrates how courts have interpreted and upheld these public access requirements and identify de