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Product ID: 388860EAU
 
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Natural Resources Damage Litigation

OnDemand Webinar (89 minutes)

Natural resources damage claims are an integral part of the environmental clean up and restoration process. Federal, state and tribal natural resource trustees have stepped-up their activities with respect to the natural resources damage assessments process and in their efforts to recover for alleged damages. Trustees are forging forward with assessment activities, involving themselves in certain aspects of the clean up process and litigating claims. This OnDemand Webinar will cover basic, practical points and issues related to natural resources damage claims that commonly arise in the NRDA process. You will gain a clear understanding of the latest developments in this complicated area of the law. Federal and state trustees continue to press NRD claims and this vital program will cover the types of issues you may encounter.

Authors

Rick Dunford, Environmental Economics Services
Judi L. Durda, Integral Consulting Inc.
Ira Gottlieb, McCarter & English, LLP

Agenda

Elements of NRD Claims and Basic Considerations

  • CERCLA and Common Law NRD Claims

- Statutory Elements

- Common Law Claims

- Defenses

  • The Cooperative Assessment Process or Litigation

- Potential Positives of Cooperative Assessments

- Possible Negatives of Cooperative Assessments

- Examples of Cooperative Assessments

Ecological Damages

  • Injury Determination

- Identifying Resources and Services

- Endpoints and Metrics

- Baseline Determination

- Causal Analysis

  • Extrapolating Injuries to Services

- Damage Assessment

- Scaling Restoration

- Habitat Equivalency Analysis

Human Use Damages

  • Injury Determination

- Fish Consumption Advisories

- Siltation of Marinas and Boat Ramps

  • Quantification

- Baseline Recreation Outings Over Time (Fishing and Boating)

- Lower Quality and Forgone Recreation Outings Over Time (Fishing and Boating)

  • Damage Determination

- Losses per Outing for Lower Quality Recreation Outings

- Losses per Outing for Forgone Recreation Outings

- Converting Losses Over Time Into Their Present Value Equivalent