News & Analysis as of

Natural Resources Damages

Goldberg Segalla

Breaking News: Significant PFAS Settlement in New Jersey

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Another major settlement was announced this week in New Jersey in consolidated cases filed by the New Jersey Department of Environmental Protection and other state entities. (You can review the Judicial Consent Order here as...more

Farella Braun + Martel LLP

What's At Stake As 9th Circ. Eyes Cultural Resource Damages

On April 17, 2025, the Ninth Circuit Court of Appeal will hear oral argument in Pakootas v. Teck Cominco on a question that has plagued CERCLA NRD practitioners and parties for years, if not decades:  whether cultural...more

Integral Consulting Inc.

Rethinking Discount Rates in Natural Resource Damage Assessment: A Framework for More Accurate Valuation

A recent article by Integral economists Ted Tomasi, Will Cooper, and Dave Anning, published in the December 2024 issue of The Environmental Claims Journal, undertakes a comprehensive examination of the process of discounting...more

Paul Hastings LLP

Annual Update to NRD Programs in All 50 States and Puerto Rico Published

Paul Hastings LLP on

The 18th annual edition of the “NRD State Guide” has now been published . For nearly two decades, this Guide has provided companies, private practitioners, government officials, and researchers with a comprehensive overview...more

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

Natural Resource Damages/Oil Pollution Act Enforcement: United States/Arkansas Game and Fish Commission File Judicial Action...

A complaint was filed in the United States District Court for the District of Arkansas against ExxonMobil Pipeline Company, LLC and Mobil Pipe Line Company (collectively, “Exxon”) addressing the 2013 release of oil from the...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

Cozen O'Connor

Hawaii Sues 25 “Forever Chemical” Manufacturers

Cozen O'Connor on

Hawaii AG Anne E. Lopez filed a lawsuit against 25 manufacturers of aqueous firefighting foam (AFFF) products containing per- and polyfluoroalkyl substances (PFAS), alleging that for decades the companies violated state...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

Amundsen Davis LLC

How Do You Measure The Economic Value of Ecosystems?

Amundsen Davis LLC on

The Litigation Nation Podcast, hosted by Jack Sanker & Luke Behnke, is a roundup of the most important and interesting legal developments happening right now, giving you an insider’s view to the legal system. Litigation...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

Integral Consulting Inc.

Considering Environmental Justice in Natural Resource Damage Assessment

January 27, 2022 was the one-year anniversary of President Biden’s announcing his Justice40 program as part of his approach to building environmental justice (EJ) broadly into decision-making.  In December EPA announced it...more

Gray Reed

Texas Accomodation Doctrine Claim Repudiated

Gray Reed on

Harrison v. Rosetta Resources Operating LP presents a wacky? time-wasting? clever? unsuccessful attempt to expand reinvent the Texas accomodation doctrine....more

Pillsbury - Gravel2Gavel Construction & Real...

NJ Appeals Court Affirms Approval of Controversial Spills Act Settlement

On February 12, the Appellate Division of the Superior Court of New Jersey issued its ruling in the case of the New Jersey Department of Environmental Protection v. Exxon Mobil Corporation. The appeals court affirmed the...more

Cole Schotz

It’s All Good – New Jersey Judge Approves NJDEP’s Controversial $225 Million Settlement with ExxonMobil

Cole Schotz on

After months of controversy, public comments, response to public comments, motions to intervene, amicus briefs, oral arguments, editorials and a sustained flurry of activity in social media, the decision we have been waiting...more

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