Written by attorneys · grounded in primary & secondary sources — see below
A material from nature having potential economic value or providing for the sustenance of life, such as timber, minerals, oil, water, and wildlife. Environmental features that serve a community's well-being or recreational interests also qualify when the law treats their protection as equivalent to safeguarding extractive assets.
Sources & Authorities· 3 primary sources
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Cases
Uniform Acts
Restatements
Dictionaries
How it applies
Common Examples
6
State Export Ban on Baitfish
Neville Norton, an in-state bait dealer, obtains a preliminary injunction against a state statute that bars export of live baitfish harvested from local waters. The court finds the prohibition reserves the natural resource for in-state purchasers and therefore discriminates against interstate commerce. Norton resumes direct sales to out-of-state fishing outfitters once the ban is lifted.
Nuclear Plant Cooling Water Permit
Nimbus Cloud, operator of a proposed reactor, seeks a license that would withdraw river water classified as a natural resource for cooling. The reviewing agency imposes conditions to protect downstream fisheries. Nimbus challenges the conditions as exceeding statutory authority over the resource.
Vermont Yankee Nuclear Power Corp. v. Nat. Res. Def. Council, Inc.467 U.S. 837, 843, 104 S. Ct. 2778, 2781, 81 L. Ed. 2d 694 (1984)
Poultry Industry Code for Waste
Nathan Nguyen, owner of a processing plant, faces a federal code that limits discharge of processing waste into a nearby stream treated as a natural resource. The code requires on-site treatment before any release. Nguyen argues the requirement exceeds congressional power to regulate local production affecting the resource.
A. L. A. Schechter Poultry Corp. v. United States295 U.S. 495 (1935)
Standing to Protect Parkland
Nina Nielsen, a frequent visitor to a proposed ski resort site, joins a suit alleging that development will destroy a natural resource used for recreation. The complaint asserts injury from loss of scenic and wildlife values. The court examines whether Nielsen's use of the resource confers standing to challenge the permit.
Sierra Club v. Morton405 U.S. 727 (1972)
Oil Spill Punitive Damages
Nadia Novak, a commercial fisherman, seeks punitive damages after an oil spill contaminates fishing grounds recognized as a natural resource. The jury awards compensation for lost harvests and additional punitive sums. The court later reviews whether the punitive award properly accounts for harm to the shared resource.
Exxon Shipping Co. v. Baker554 U.S. 471 (2008)
Moratorium on Lakefront Development
Neil Nair, owner of undeveloped parcels along a lake, challenges a multi-year building moratorium imposed to protect water quality and scenic views treated as natural resources. The ordinance prevents all construction during the planning period. Nair claims the delay constitutes a taking of property rights in the resource-adjacent land.
Tahoe-Sierra Preservation Council, Inc. v. Tahoe Regional Planning Agency535 U.S. 302
Common questions
Frequently Asked
4
When does harm to a natural resource support injunctive relief rather than money damages in tort?+
Courts grant injunctions when the resource is unique or fragile and money cannot adequately restore public uses such as recreation or ecological function. The threatened loss of a protected wetland or fishery is treated as irreparable because restoration may be impossible or incomplete. Difficulty quantifying the harm strengthens the case for equitable relief.
Does a state violate the dormant Commerce Clause by banning export of a locally harvested natural resource?+
Yes when the ban reserves the resource for in-state buyers and lacks a non-protectionist justification. The prohibition must be examined for discriminatory purpose or effect even if framed as conservation. Facially neutral alternatives that apply equally to in-state and out-of-state transactions are less likely to be struck down.
How does the definition of natural resource affect standing analysis in environmental suits?+
A plaintiff must show concrete injury from impairment of the resource, such as loss of recreational or aesthetic use. Generalized harm to the public at large is insufficient. When the resource is protected for public enjoyment, individual plaintiffs who regularly use it can satisfy the injury requirement.
Can a state acting as market participant favor in-state users of a natural resource it owns?+
Yes for the immediate sale or lease transaction itself. The state may charge different prices or impose different terms on out-of-state buyers when it is selling its own resource. Downstream conditions that regulate post-sale processing or resale across state lines fall outside the market-participant safe harbor.
. Section 2 defines certain terms used in the Act. Section 3 authorizes the President to approve "codes of fair competition" for trades or industries. The President may approve a code if…
v. United States ex rel. Stevens , 529 U.S. 765, 771 (2000). First, a plaintiff must demonstrate an "injury in fact," which is "concrete," "distinct and palpable," and "actual or…
, and it paid another $303 million in voluntary settlements with fishermen, property owners, and other private parties. B The remaining civil cases were consolidated into this one…
Constitutional LawThe relation of nation and states in a federal system · Federalism-based limits on state authorityUBEFoundational