Natural Resource Damages for Climate Change—An Idea Whose Time Is Not Yet Come, Part I: NRD Claims Are Not Currently Viable under CERCLA

Abstract

As the effects of climate change are felt, affected parties will seek redress in the legal system. Numerous suits have already been filed and this may only be the beginning of a trend. One type of suit that has not yet been filed is the natural resource damage (NRD) claim under CERCLA. While it is unlikely that climate change-based NRD claims could succeed under current law, it may only be a matter of time before they are brought. With the present legal landscape in mind, this article examines statutory requirements under CERCLA to bring a climate change related NRD claim.