Federal Facilities Environmental Journal · 2003 · 14 citations · 0 references
LawEnvironmental LawTort LawDamagesEnvironmental LiabilityNatural Resources LawEnvironmental CompensationEnvironmental ProtectionLiability For Natural HazardsNatural Resource Damage LiabilityResource DepletionStatutory Environmental LiabilityCompensation For Environmental DamageCompensation For Environmental HarmComprehensive Environmental Response, Compensation, And Liability Act LiabilityNatural Resource Damage ClaimsNatural Resource Damage CompensationNatural Resource TrusteeshipOil Pollution LiabilityUnpaid Claim Liabilities
Abstract The Natural Resource Damage Assessment (NRDA) provisions of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), the Oil Pollution Act (OPA), and the Clean Water Act (CWA) designate federal, state, Indian tribe, or international natural resource trustees to: (1) assess damages for injuries to natural resources; (2) recover costs of damages and assessments from responsible parties; and (3) restore, replace, or acquire the equivalent of damaged resources and compensate for lost services. Damages recovered from such claims can be substantial and may exceed cleanup costs. Natural resource trustees are pursuing Natural Resource Damage (NRD) claims where DOD agencies are either responsible parties or co‐trustees. A recent case at the Massachusetts Military Reservation demonstrates that state National Guard and DOD components are vulnerable to NRD claims. International NRD claims for extraterritorial natural resource damages are also possible. DOD natural resource and environmental professionals should be aware of NRD claim liabilities and proactive measures that can reduce the incidence or consequence of potential claims. © 2003 Wiley Periodicals, Inc.