We have extensive experience in negotiating and litigating claims for damages to natural resources under the Oil Pollution Act, the Comprehensive Environmental Response, Compensation and Liability Act and state statutes.
Our experience in this area has included the following:
- Analyzing the Natural Resource Damage Assessment process, including counseling on NRDA issues during ongoing emergency response actions and negotiation of NRDA cooperative agreements with federal and state trustees
- Handling natural resource damage (NRD) claims by trustees, including working with consultants to critique Habitat Equivalency Analyses and other methods used by trustees to assign dollar values to NRD claims and to develop alternative damage calculations as a potential basis for settlement
- Defending against NRD claims by federal and state trustees under both CERCLA and state statutes, including the defense of some of the largest NRD claims ever brought by federal trustees, with claims ranging into the hundreds of millions of dollars