Scarinci Hollenbeck, LLC
The Firm
201-896-4100 info@sh-law.comFirm News
Author: Scarinci Hollenbeck, LLC
Date: September 1, 2015
The Firm
201-896-4100 info@sh-law.comIn 2012, Planetary Resources, Inc. announced that it planned to mine near-Earth asteroids for precious metals such as iron and platinum. The company attracted several high-profile funders, including Google Inc.’s Larry Page and director James Cameron. Several other companies have announced similar initiatives.
Although commercial space resource exploration is still in its infancy (no one has actually landed a manned spacecraft on an asteroid), lawmakers on Capitol Hill are currently considering legislation that would protect the property rights of U.S. companies that mine asteroid resources in outer space. The U.S. House of Representatives recently passed the Space Resource Exploration and Utilization Act of 2015 (H.R.1508), which is part of the larger SPACE Act (H.R. 2262).
“Asteroids are excellent potential sources of highly valuable resources and minerals. Space technology has advanced to the point that the private sector is now able to begin exploring and developing resources in space. Americans are willing to invest in asteroid mining, but they need legal certainty that they can keep the fruits of their labor.”
Under the proposed bill, resources mined from an asteroid would be the property of the entity that obtained them. The legislation specifically states that “[a]ny asteroid resources obtained in outer space are the property of the entity that obtained such resources, which shall be entitled to all property rights thereto, consistent with applicable provisions of Federal law and existing international obligations.”
The proposed space law also contains provisions intended to ensure that U.S. companies can legally conduct their operations without harmful interference.
Under the legislation, U.S. commercial space resource companies or foreign companies that voluntarily submit to the law statutory framework must “avoid causing harmful interference in outer space.” The Space Resource Exploration and Utilization Act of 2015 also authorizes operators to bring civil suits against “another entity subject to United States jurisdiction causing harmful interference to its operations with respect to an asteroid resource utilization activity in outer space.”
In addition, the legislation directs the White House to facilitate commercial development of asteroid resources. It mandates that the President “promote the right of United States commercial entities to explore outer space and utilize space resources, in accordance with the existing international obligations of the United States, free from harmful interference, and to transfer or sell such resources.”
As noted by the Wall Street Journal, the proposed commercial space exploration legislation is groundbreaking and controversial, with some critics questioning whether such unilateral action is even legal under existing space law treaties. Pursuant to the Outer Space Treaty of 1967, “[t]he exploration and use of outer space, including the moon and other celestial bodies, shall be carried out for the benefit and in the interests of all countries, irrespective of their degree of economic or scientific development, and shall be the province of all mankind.” The treaty further states that “[o]uter space, including the moon and other celestial bodies, is not subject to national appropriation by claim of sovereignty, by means of use or occupation, or by any other means.”
Accordingly, companion legislation introduced in the U.S. Senate by Sens. Patty Murray and Marco Rubio will likely generate additional study and debate. Stay tuned for updates.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck Attorneys Named to New Jersey Super Lawyers 2026 and Rising Stars Lists Scarinci Hollenbeck is pleased to announce that several of its attorneys have been selected for inclusion in the New Jersey Super Lawyers 2026 and Rising Stars lists. The annual recognition highlights attorneys who have attained a high degree of peer recognition […]
Author: Scarinci Hollenbeck, LLC

ROI-NJ Continues to Feature Donald Scarinci and Donald M. Pepe on Annual Influencers in Law List Donald M. Pepe and Donald Scarinci of Scarinci Hollenbeck have once again been named to ROI-NJ’s 2026 Influencers: Law List, recognizing attorneys who continue to shape New Jersey’s legal and business landscape. The annual list highlights legal professionals whose […]
Author: Scarinci Hollenbeck, LLC

Scarinci Hollenbeck is proud to share that two highly acclaimed retired judges who now serve as Of Counsel to the firm, Hon. Ira E. Kreizman, J.S.C. and Hon. Ronald Lee Reisner, J.S.C., will be honored at the Monmouth Bar Association’s Golden Gala. The event recognizes members of the Monmouth Bar Association who have practiced law […]
Author: Scarinci Hollenbeck, LLC

Scarinci Hollenbeck is pleased to announce that NJ Real Estate Partner, Joe DeMarco, has been named a 2026 Leaders in Law Award Honoree by NJBIZ in the Real Estate: Construction, Environmental, Leasing category. The NJBIZ Leaders in Law program recognizes attorneys and general counsels whose professional accomplishments, leadership, and service to their communities demonstrate a […]
Author: Scarinci Hollenbeck, LLC

Scarinci Hollenbeck is pleased to announce that Partner John M. Scagnelli has been re-elected to serve on the Board of Trustees of the Licensed Site Remediation Professionals Association (LSRPA) for an additional two-year term. LSRPA is the statewide professional organization representing New Jersey’s Licensed Site Remediation Professionals (LSRPs), playing a central role in advancing environmental […]
Author: Scarinci Hollenbeck, LLC

Scarinci Hollenbeck is pleased to announce that Robert E. Levy has been re-certified as a Certified Civil Trial Attorney by the Supreme Court of New Jersey. This re-certification, combined with Levy’s existing designation as a Certified Criminal Trial Attorney, places him among less than one percent of all certified attorneys in New Jersey to hold […]
Author: Scarinci Hollenbeck, LLC
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!