The Cultural Value Of Natural Resources

An appellate decision earlier this month addressing the cultural value of a fishery resource for purposes of a natural resources damages claim raises issues worth thinking about, not only with respect to NRD claims but also with respect to our own Environmental Rights Amendment.

An appellate decision earlier this month addressing the cultural value of a fishery resource for purposes of a natural resources damages claim raises issues worth thinking about, not only with respect to NRD claims but also with respect to our own Environmental Rights Amendment. Confederated Tribes of the Colville Reservation v. Teck Cominco Metals, No. 24-5565 (9th Cir. Sept. 3, 2025), decided an interlocutory appeal in one portion of the long-running litigation brought by various individuals, certain tribes, and the state of Washington against the owners of a Canadian lead-zinc smelter. The smelter had air emissions and water discharges that resulted in injury to, among other resources,