Natural Resources Law

Whether you are a lawyer who loves to drill down into a complex legal issue or one who prefers to be hands-on and get out into the field, natural resources law may be for you. You may be researching and drafting opinions one day and touring a mine site out in the field the next. The day-to-day work can vary greatly, as can the areas of specialization, depending on a person’s interests and the nearby industries. One thing is clear, though: If you are interested in building a niche practice, there are many angles to choose from in the area of natural resources.

What Is Natural Resources Law?

Natural resources law is a wide and varied area. It can cover issues related to minerals, oil and gas, water, forests, air, and more. No matter your particular focus, natural resources law looks at the relationship between the use of resources and the laws and regulations related to that use and its impact on the environment. As a result, natural resources law often overlaps with or includes environmental law.

If your interest lies in the front end of resource development, permitting would be a natural area of specialization. This might include a focus on the National Environmental Policy Act (NEPA) or its state equivalents, along with the Clean Water Act and the Clean Air Act. For clients whose property or activities take place on or adjacent to federal lands, you may need to become familiar with the Federal Land Policy and Management Act (FLPMA) or the National Forest Management Act. Working on the permitting side allows you to start from the beginning with your client and assist with identifying any issues that may arise before or during the start of operations.

If you are interested in mining law, you will likely encounter the General Mining Act, the Locatable Minerals Regulations, and a variety of other regulations, depending on the nature and stage of the operations. For sites that are no longer in active operation, you may encounter the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) or the Resource Conservation and Recovery Act (RCRA), as well as the National Historic Preservation Act. CERCLA focuses on cleaning up hazardous substances at historic sites. While my focus has largely been on CERCLA, there is always a substantial amount of overlap among varying obligations, and helping clients navigate these competing obligations is paramount in natural resources law.

Natural resources law also overlaps with or includes areas of law such as those regulated by the Endangered Species Act. It can even involve constitutional or administrative law questions. Natural resources law focuses on both the extraction and utilization of resources and the impact or protection of the health of the environment. Through all of this, there are conflicting obligations that clients must navigate in their day-to-day operations. For example, in conducting an environmental cleanup, there must be a balance with cultural preservation. The purpose of CERCLA may conflict with the goals of the National Historic Preservation Act. Similarly, NEPA processes may be incompatible with the regulations some agencies must follow under the FLPMA. Given the wide scope of obligations and compliance requirements, there is likely a niche practice area you can develop to assist clients.

How to Start a Natural Resources Practice

As with many areas of the law, there are any number of ways to go about developing a natural resources law practice. For me, it was not even an intentional move. It has always been important for me to enjoy what I do and who I work with on a daily basis. As I started practicing, my natural inclination was to work with those attorneys I really looked up to in the firm at the time. When a partner came to my office and asked if I would draft a memorandum on a CERCLA issue, I said yes. I had no idea what CERCLA was or even what area of the law it was in when I started that project. I quickly learned that although natural resources law is an intricate area and involves a lot of terms of art, it is also fascinating. That first assignment led to another, which led to another. Before I knew it, I was changing practice groups and focusing almost entirely on the natural resources litigation realm.

The key to getting involved in any area of natural resources law is to find the subset you are most interested in and dive in to learn the relevant statutes and regulations and become familiar with the concepts in that area. Before long, mastering one area will lead to another—allowing you to broaden your scope along with the services you can provide to clients.

One does not have to dive very deeply into this area to realize there are a lot of acronyms. I found a quote in a Ninth Circuit opinion while doing some research on a CERCLA issue, and I put it on a sticky note next to my desk. In reference to the “baffling language” in the statute, it said, “neither a logician nor a grammarian will find comfort in the world of CERCLA” (Carson Harbor Village, Ltd. v. Unocal Corp., 270 F.3d 863, 883 (9th Cir. 2001)). It is a good reminder that what may seem hard to follow initially, particularly as it comes to the terms of art in this area of the law, can become second nature before long. Even if it seems intimidating and confusing at first, it becomes easier once you become familiar with the area.

Developing Your Niche Practice

For small or solo firms, one great way to develop your natural resources practice is to serve as local counsel. Many cases may be labor-intensive and thus challenging for a small or solo firm. By working as local counsel for a larger law firm, you get the benefit of the legal experience and the resources of the larger law firm, even while you remain at and develop your small or solo practice.

Your state or region may also have unique laws or regulations that national firms are not as familiar with. For example, Montana has its own NEPA corollary, MEPA (the Montana Environmental Policy Act), as well as a unique constitutional right to a clean and healthful environment. Your state or region likely has something similar. Developing expertise in unique local laws or regulations may give you a boost when larger firms are looking for local counsel. This can also include building relationships with the regulators in this area. Consider attending local bar conferences or networking events. If there is a local natural resources and environmental law bar group, consider joining and getting familiar with others in that practice area. These connections can also lead to referrals in cases where the other attorney has a conflict.

Another way to help develop your practice in this area is to focus on your current clients. If they have a need in this area, offer to assist. While it may take some non-billable time to build up the necessary expertise to begin offering advice, it may pay off in the short term if you have already identified clients you could assist.

No matter where you are in your practice, these small steps can help you develop a natural resources practice. Start by identifying your interests and the needs in your region. Learn what laws and regulations apply, and then reach out to others to learn more. Starting small can help you create the necessary expertise to continue expanding your practice in this area. Remember that even if the sheer number of acronyms seems overwhelming, it will not be long before your understanding catches up, and you will be using them along with everyone else.