Abstract
ABSTRACT For oil spills, the basis for natural resource damage claims in federal law is section 311 of the Federal Water Pollution Control Act (FWPCA). These rarely used provisions will be strengthened by regulations mandated by Congress in the 1980 “Superfund” law. This paper describes the development of federal natural resource law as it applies to compensation of states and the federal government for injuries to natural resources, and the changes to the common law brought about the FWPCA and Superfund provisions and by the recent federal appellate court decision in Puerto Rico v. S.S. Zoe Colocotroni. Finally, the authors present their views on how to make such claims.
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