Overview of Natural Resources Law

The legal landscape surrounding America’s forests, rivers, minerals, and wildlife is as vast and layered as the land itself. Natural resources law is a broad and evolving field that governs the use, allocation, and stewardship of resources on both public and private lands. It involves everything from water law and mineral rights to fisheries regulation and protection of endangered species.

At its core, natural resources law area seeks to balance human activity with conservation and sustainability goals. Whether you’re managing land, facing regulatory scrutiny, or involved in a conservation effort, a natural resources lawyer can help protect your rights and interests.

What Is Natural Resources Law?

Natural resources law is a set of laws that govern the conservation, management, and use of key environmental assets, including:

• Wildlife
• Fisheries
• Land
• Water
• Minerals

It’s common for natural resources law to overlap with environmental law. However, the former focusses on natural resource management and legal rights, while environmental regulation typically involves extraction, emissions control, pollution prevention, public health, and stewardship.

Key Regulatory Agencies in Natural Resources Law

Federal agencies enforce natural resource statutes that apply to public lands. State governments manage water rights, wildlife, and land use for state or private lands within the state’s boundaries. Tribal governments exercise sovereign authority over natural resources on tribal land, operating under arrangements with federal and state governments.

• The U.S. Department of Energy (DOE). Plays a central role in natural resource law. It is responsible for the management of energy resources and their infrastructure. The agency performs research and regulates energy production and distribution.
• The Environmental Protection Agency (EPA). Enforces pollution-control laws directly affecting resource use and land management.
• The U.S. Forest Service (USFS). Administers national forests and enforces conservation mandates.
• The Bureau of Land Management (BLM). Administers over 247 million acres of public lands, regulating grazing, mining, and energy development.
• The U.S. Fish and Wildlife Service (USFWS). Enforces wildlife protection laws, including the Endangered Species Act, which ties habitat and species protection to resource-use decisions.
• The U.S. Department of the Interior (DOI). Oversees multiple resource agencies and ensures federal lands and resources are managed in the public interest.

Public vs. Private Land

There are two categories of land that are governed by natural resource law:

• Public lands. Those held and used by the American people. They are managed by government agencies like the Bureau of Land Management, U.S. Forest Service, or U.S. Fish and Wildlife Service.
• Private property. Land not owned by the government. They are typically owned by individuals, corporations, or other non-governmental entities. Owners typically retain rights unless regulated by underlying law. Ownership type determines access, permitting requirements, and control over extraction or conservation.

The Legal Framework for Water Rights

Oceans, rivers, lakes, and all bodies of water fall under water rights. Allocation of water rights is primarily a state function. States administer permitting, enforcement, and adjudication. The federal government may assert reserved rights.

Landowners whose property borders a stream, lake, or river have a right to make reasonable use of the water, provided it does not harm other downstream riparian owners. Reasonableness is assessed by comparing uses. Domestic or livestock needs are typically considered reasonable; industrial or agricultural uses may be permissible if they don’t interfere with others.

Water rights are allocated to the first person to divert and put water to beneficial use, such as irrigation or domestic use. Senior appropriators have priority during shortages. However, rights must be actively used, as nonuse can result in forfeiture or abandonment.

Surface and groundwater may be regulated separately or jointly. Some states tie groundwater rights to land ownership, while others use a permit-based appropriation system.

Legal complications can arise when a body of water touches or crosses multiple states. To address this, states have negotiated interstate water compacts. States negotiate these binding agreements to resolve water allocation disputes across state lines.

The U.S. Supreme Court has affirmed the federal government’s right to intervene in these agreements when the dispute includes a federal interest. Legal conflicts can arise over curtailments, groundwater use, senior water rights, and environmental obligations.

Laws Governing Mining and Mineral Rights

People who own land may not have the legal right to extract resources under the surface. Ownership determines permitting and royalty obligations.

• General Mining Law of 1872. Enacted to promote mining exploration and the settlement of new lands. It still governs millions of acres of public land. Ongoing debates call for reform. Agencies argue the law constrains land use decisions.
• Mineral Leasing Act of 1920. Separates oil, gas, coal, phosphate, sodium, and potassium from locatable minerals. Agencies manage leasing, bidding, royalty rates, and environmental standards, differing by mineral type and location. If the mining operation becomes extensive, a review must take place. Environmental Assessments (EAs) or Environmental Impact Statements (EISs) analyze the impact on land, water, wildlife, and cultural resources.
• Surface Mining Control and Reclamation Act (1977). Governs coal surface mining on federal and state lands. The Office of Surface Mining Reclamation and Enforcement (OSMRE) administers it via state or tribal SMCRA programs.
• Indian Mineral Development Act of 1982 (IMDA). Empowers federally recognized tribes to negotiate minerals agreements for energy and mineral development on tribal lands, subject to Secretary of the Interior approval. The IMDA offers flexibility in project structure, revenue sharing, and economic equity.

Protecting Wildlife: The Endangered Species Act

While natural resources can be valuable, it’s also important to protect these resources as habitats. The Endangered Species Act (ESA) was enacted in 1973 to conserve imperiled species and their ecosystems. The U.S. Fish and Wildlife Service and NOAA Fisheries enforce the ESA, depending on species type (marine vs. terrestrial/freshwater).

Section 4 of the ESA lists endangered or threatened species. Delisting or reclassification follows recovery, with formal assessments and public notice requirements. Section 9 of the ESA bans harassment, harm, pursuit, capture, and habitat modification that injure or kill the species. Section 10 of the act allows controlled “incidental take” through Habitat Conservation Plans (HCPs).

Federal agencies enforce violations of the ESA through injunctions and civil penalties. Private entities can also sue federal agencies or private parties for ESA violations. The ESA often intersects with development, mining, forestry, and agriculture projects, prompting permit delays, project redesign requirements, and mitigation obligations. Enforcement actions and habitat designations can affect landowners and developers.

Managing Public Lands and Forests

Federal laws provide a legal structure for protecting public lands while also balancing their public use. The Federal Land Policy and Management Act (FLPMA) and the National Forest Management Act (NFMA) are examples of this.

A significant interest for the federal government is the management of forests and rangelands. Under NFMA, forest plans must include environmental analysis, public engagement, and periodic revisions with monitoring systems for ecological health. Grazing on federal lands is regulated via grazing permits. Permittees must comply with environmental requirements and range improvements.

Other common issues routinely addressed include fire management and climate change resilience. Increasing wildfire severity has prompted integrated strategies combining wildfire suppression, prescribed burns, and landscape restoration.

Key Federal Environmental and Natural Resources Laws

A handful of key federal laws provide the foundation for environmental and natural resource protection initiatives.

The National Environmental Policy Act (NEPA) was the nation’s first environmental law. It requires federal agencies to evaluate the environmental consequences of major federal actions before decisions are made. It outlines three levels of review:

1. Categorical Exclusion (CATEX) for minimal-impact actions
2. Environmental Assessment (EA)
3. Environmental Impact Statement (EIS) for projects with potential major environmental effects.

NEPA promotes informed decision-making and public participation, influencing decisions in infrastructure, land management, and resource permits

The Clean Water Act (CWA) was enacted to help restore and maintain the chemical, physical, and biological integrity of U.S. waters. It established water quality standards and addressed wetland protection.

The Clean Air Act (CAA) granted the EPA the authority to regulate air emissions. It addresses climate-relevant emissions and supports long-term visibility improvements in national parks and wilderness areas.

Balancing Conservation and Economic Use

The federal government and states have an interest in protecting the nation’s natural resources. They also have an interest in fostering economic development and growth. These two things are commonly in direct conflict with each other.

Through careful balancing, resources laws strive to strike a balance between resource extraction and preservation. Collisions between conservation mandates and renewable energy goals can lead to public trust claims or litigation, as in cases challenging avion deaths at wind farms.

Developers must work with federal and state agencies to secure permits, conduct species and habitat biodiversity assessments, and integrate mitigation plans while ensuring compliance with public trust and ESA standards.

Mining, oil extraction, logging, or water diversion projects often lead to legal issues over environmental degradation, public trust obligations, and wildlife impacts. Law firms and trade associations regularly bring Administrative Procedure Act (APA)-based challenges to agency decisions that fail to adequately account for conservation concerns.

When To Consult a Natural Resources Lawyer

The complexity of natural resources law and how often it intersects with other laws creates a complicated legal web. A natural resources lawyer can assist clients with navigating these laws.

Their representation can start with obtaining federal, state, and local permits required for mining, drilling, logging, water diversion, and renewable energy development. They can guide clients through the complex environmental review process. Their network of environmental professionals can help prepare environmental impact statements or environmental assessments.

Legal guidance supports long-term compliance and risk management, reducing the potential for costly enforcement or litigation.

Find Legal Help

The legal regulation of natural resources touches nearly every sector — agriculture, energy, development, and conservation. Because regulations are often technical and vary by jurisdiction, seeking help from an experienced attorney can make the difference between compliance and costly disputes.

Visit the Super Lawyers directory to connect with a natural resources law attorney.