Throughout recorded time, many have attempted to rewrite history to soften the harsh realities of the "good old days." Without question, hindsight remains 20/20 in reflecting upon how this country's modern, industrialized enterprises have adversely impacted the environment, including natural resources. The dilemma now facing businesses relates to natural resource damage liabilities resulting from past industrial progress and prosperity. Through the years, these businesses have paid for past wrongs through the remediation of contaminated media. Clearly, U.S. businesses have learned the lesson of environmental protection through the Superfund experience. Despite the environmental protection advances, some federal and state trustees hope that they can rewrite history so that businesses once again pay for their industrial successes of the past.

The term "natural resources" includes "land, fish, wildlife, biota, air, water, groundwater, drinking water supplies and other such resources belonging to, managed by, held in trust by, appertaining to or otherwise controlled by the U.S. . . ., any State or local government, [or] any Indian tribe." There is no doubt that over 200 years of development, in all of its various residential, commercial, and industrial forms, has negatively impacted natural resources. As is typically the case, industrial operations of companies continuing to conduct business appear to be the target of federal and state natural resource damage claims. These companies pose easier targets for natural resource damage cases brought by trustees since the long-term, ongoing operations often resulted in more apparent and even documented releases to the environment. While such cases appear straightforward, the regulatory scheme and evidentiary burdens associated with natural resource damage cases are extremely complex. As natural resource damage claims continue multiplying to fill voids left by more mature or stagnant regulatory programs, the legal controversies surrounding the statutory interpretations of the natural resource damage provisions will escalate. In the context of natural resources, all parties do not agree that history easily can be rewritten and natural resources readily restored or replaced.