LSI 2010 NRD Santa Fe final conference binder 072110.pdf

Brian D. Israel of Arnold & Porter LLP Speaker 5a: 12
Cheese shredding at a North Dakota cheese plant
7/15/2010 Brian D. Israel
23
North Dakota v. Dickinson Cheese Co
(North Dakota Supreme Court 1972)
Holding: the state lacked standing.
The court admitted that the power to protect fish and
game was an “inherent attribute of the state’s
sovereign power.”
However, the state’s interest in the fish was not
sufficient for the purposes of standing. The state’s
interest was that of a sovereign, not an owner:
“As sovereign, the State has the power to determine
when and under what conditions fish running wild may
be taken and thus reduced to ownership, but it does
not have such property interest in the fish . . .
sufficient to support a civil action for damages for the
destruction of those fish.”
7/15/2010 Brian D. Israel
24
Law Seminars International | Natural Resource Damages | 07/15/10 in Santa Fe, NM