In Hot Pursuit of NRD Claims

Abstract

Federal- and state-designated entities' ability to pursue claims for damages to the nation's natural resources have long existed under statutory and common law but, until recently, were placed on the back burner. Pursuit of Natural Resource Damage (NRD) claims by federal and certain state governments have drastically increased. New Jersey and New Mexico have been among the most aggressive. Issues surrounding NRD claims such as allocation of liability, calculation of damages using formulas and technical factors, and causation are the focus of litigation. New Jersey's groundwater initiative and New Mexico's program are being watched closely to determine future success of NRD claims.