News & Analysis as of

Natural Resources Comprehensive Environmental Response, Compensation and Liability Act

Mitchell, Williams, Selig, Gates & Woodyard,...

PFAS/CERCLA: New Mexico Department of Justice Files Contribution Claim Against the U.S. Departments of the Air Force/Army

The New Mexico Department of Justice (“NMDOJ”) amended a complaint in the United States District Court against the United States, the United States Department of the Army, the United States Department of the Airforce alleging...more

Integral Consulting Inc.

U.S. Department of the Interior Proposes Revisions to NRDA Regulation Type A Rule

On Friday, the U.S. Department of the Interior (DOI) announced proposed changes to certain methods used to assess natural resource damages for hazardous substance releases under the Comprehensive Environmental Response,...more

Pillsbury - Gravel2Gavel Construction & Real...

Rulemaking to Modernize, Expand DOI’s “Type A” Natural Resource Damage Assessment Rules Expected Fall 2023

The U.S. Department of the Interior (DOI) anticipates proposing a new rule that would revise its “Type A” Natural Resource Damage Assessment (NRDA) regulations under the Comprehensive Environmental Response, Compensation, and...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Natural Resources Damages/CERCLA Enforcement: Colorado and Vail Ski Resort Enter into Settlement Agreement

Various State of Colorado entities and agencies and Vail Corporation d/b/a Vail Mountain (“Vail Mountain”) entered into an August 16th Settlement Agreement (“Agreement”) addressing alleged violations of the following: ...more

Latham & Watkins LLP

DOI Seeks Comments on Proposal to Expand Natural Resource Damage Assessment Procedures

Latham & Watkins LLP on

The advanced notice of proposed rulemaking signals DOI’s interest in developing faster and more cost-effective methods to quantify natural resource damage claims. On January 18, 2023, the US Department of the Interior...more

Sullivan & Worcester

Symposium Spotlights Natural Resource Damage Regulations Under DOI Review

Sullivan & Worcester on

Section 301(c) of the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”) authorizes the Federal government, States and federally recognized Indian Tribes to act as "trustees" on behalf of the...more

Clark Hill PLC

New Impetus for Improving the Natural Resource Damages Process?

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The natural resource damages (“NRD”) process empowers federal, state, and tribal “trustees” to act on behalf of the public, bringing legal claims intended to restore or replace natural resources injured by hazardous waste...more

Nossaman LLP

Interior Issues Advanced Notice of Proposed Rulemaking on NRDAR Regulations

Nossaman LLP on

On August 27, 2018, the Department of the Interior (Interior) issued a 60-day advance notice of a proposed rulemaking that would overhaul its regulations for conducting natural resource damage assessments and restoration...more

Davis Wright Tremaine LLP

Trump Track: Natural Resource Damage Assessment Regulations Rewrite?

On August 27, 2018, the Office of Restoration and Damage Assessment (ORDA) at the Department of the Interior published an Advance Notice of Proposed Rulemaking and request for public comment on revision of the Department’s...more

WilmerHale

Natural Resource Damages for the Entrepreneurial Practitioner: Innovations in NRD Assessment and Restoration

WilmerHale on

The natural resource damage assessment (NRDA) process has evolved since its inception in the late 1970s. The innovations keep coming. In 2016, a third-party “credit banking” mechanism was used for the first time to settle...more

Davis Wright Tremaine LLP

$13mm NRD Settlement in 2003 Oil Spill Illustrates Long Tail on OPA Natural Resource Damage Claims

On October 17, 2017, the U.S. and the States of Rhode Island and Massachusetts lodged what was acknowledged as a “unique” settlement with a tug boat owner and operator for natural resource damages resulting from a 2003 marine...more

Farella Braun + Martel LLP

New Ninth Circuit Decision Precluding CERCLA Liability for Airborne Emissions

Yesterday, the Ninth Circuit Court of Appeals issued in the long-running Pakootas v. Teck Cominco Metals, Ltd. litigation another important decision further defining the scope of liability under the federal Comprehensive...more

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