THE RELATIONSHIP BETWEEN THE AVAILABILITY OF APPROPRIATE RESTORATION PROJECTS AND INJURY ASSESSMENT

Abstract

ABSTRACT The natural resource damage assessment (NRDA) process under the Oil Pollution Act regulations is restoration-focused. In order to proceed with a NRDA after Preassessment Phase activities are completed, the natural resource trustees must determine that feasible restoration actions are available to address the potential injuries resulting from the discharge of oil. If this determination is made, the trustees can move forward and conduct injury assessment and injury quantification as part of the Restoration Planning Phase. The availability of appropriate restoration alternatives for natural resources can have a profound effect on the nature of both injury assessment and injury quantification that is necessary for a particular oil spill. This paper examines that relationship, using some examples from settled oil spill NRDA cases to illustrate how the availability of appropriate and cost-effective restoration alternatives can reduce the overall cost of a NRDA and the length of time necessary to reach an appropriate settlement. The type of restoration and the degree to which it is scaleable can also influence both cost and time to reach settlement. It also discusses some of the factors that are important in determining to what degree restoration opportunities influence the injury assessment and quantification process for oil spills, including geographic location, previous experience with similar spills, and the degree of cooperation that exists between the trustees and the responsible party.