Potential effects of natural resource damage claims on environmental reform

Abstract

This article outlines the potential effects of natural resource damage (NRD) claims on recent environmental reform initiatives from industry, legal, and consulting perspectives. Recently, there have been sweeping changes in the environmental arena that are bringing sensibility while ensuring protection of human health and the environment. However, new NRD assessment regulations, if not handled carefully, could follow the same historical pattern where litigation ultimately overwhelmed and impeded any progress made in site remediation. With this in mind, stakeholders must cautiously move forward and ensure that all parties are involved up front during response or corrective action activities and throughout the NRD process. The article summarizes recent environmental reform initiatives, the January 5, 1996, Federal Register publishing of the Oil Pollution Act NRD assessment final ruling, the current status of NRD claims under the Comprehensive Environmental Response, Compensation and Liability Act, NRD valua...