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Natural Resources Damage Litigation

Natural resources damage claims are an integral part of the environmental clean up and restoration process. Federal, state and tribal natural resource trustees have stepped-up their activities with respect to the natural resources damage assessments process and in their efforts to recover for alleged damages. Trustees are forging forward with assessment activities, involving themselves in certain aspects of the clean up process and litigating claims. This OnDemand Webinar will cover basic, practical points and issues related to natural resources damage claims that commonly arise in the NRDA process. You will gain a clear understanding of the latest developments in this complicated area of the law. Federal and state trustees continue to press NRD claims and this vital program will cover the types of issues you may encounter.


Runtime: 89 minutes
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Over 31 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Agenda

Elements of NRD Claims and Basic Considerations

  • CERCLA and Common Law NRD Claims

- Statutory Elements

- Common Law Claims

- Defenses

  • The Cooperative Assessment Process or Litigation

- Potential Positives of Cooperative Assessments

- Possible Negatives of Cooperative Assessments

- Examples of Cooperative Assessments

Ecological Damages

  • Injury Determination

- Identifying Resources and Services

- Endpoints and Metrics

- Baseline Determination

- Causal Analysis

  • Extrapolating Injuries to Services

- Damage Assessment

- Scaling Restoration

- Habitat Equivalency Analysis

Human Use Damages

  • Injury Determination

- Fish Consumption Advisories

- Siltation of Marinas and Boat Ramps

  • Quantification

- Baseline Recreation Outings Over Time (Fishing and Boating)

- Lower Quality and Forgone Recreation Outings Over Time (Fishing and Boating)

  • Damage Determination

- Losses per Outing for Lower Quality Recreation Outings

- Losses per Outing for Forgone Recreation Outings

- Converting Losses Over Time Into Their Present Value Equivalent

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Why Lorman?

Over 31 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Credits

OnDemand Webinar

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

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Why Lorman?

Over 31 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

Rick Dunford

Rick Dunford

Environmental Economics Services

  • Owner of Environmental Economics Services, a consulting firm in Raleigh, North Carolina, specializing in natural resource damages assessment, including estimation of recreation damages and groundwater damages
  • Worked on more than 60 NRD assessments on behalf of responsible parties, involving oil spills and hazardous substance releases
  • Assistant professor and then associate professor in the Department of Agricultural Economics at Washington State University in Pullman, Washington, for nine years after receiving his Ph.D. degree
  • Senior economist in the Center for Economics Research at the Research Triangle Institute, a not-for-profit consulting firm in North Carolina
  • Co-founder of Triangle Economic Research, an environmental economics consulting firm in Durham, North Carolina, (now a subsidiary of Arcadis-US, headquartered in Syracuse, New York)
  • Ph.D. degree in agricultural economics, University of Wisconsin-Madison
  • Can be contacted at [email protected]
No photo available

Judi Durda

Integral Consulting Inc.

Judi L. Durda

  • Principal toxicologist and vice president at Integral Consulting Inc., a national science and engineering firm with primary practices in the areas of health, environment, technology and sustainability
  • Certified senior ecologist by the Ecological Society of America and a director on the ESA’s Board of Professional Certification
  • Specializes in using science and science-based strategies to address complex technical issues related to the manufacture, use or disposal of chemicals, consumer products, pharmaceuticals, and hazardous and nonhazardous wastes
  • Specific experience includes risk assessment and cost allocation under federal and state regulatory programs and related litigation, compliance strategy development under the Clean Water Act and the Resource Conservation and Recovery Act, and product safety assessments for a variety of consumer products
  • Extensive experience in the evaluation of ecological risks and natural resource damages potentially associated with chemical release or disposal
  • Conducted risk and damage assessments, and designed monitoring programs at more than 100 waste sites in the U.S. and abroad
  • Member of the Society of Risk Analysis, and the Society of Toxicology and Environmental Chemistry, and the Ecological Society of America
  • Can be contacted at [email protected]
No photo available

Ira Gottlieb

McCarter & English, LLP

  • Partner at McCarter & English, LLP; Member of McCarter & English’s Executive Committee and Practice Group Leader of the firm’s Environment and Energy Practice
  • Extensive experience with federal and state NRD matters representing clients in a variety of Superfund and related matters, including in connection with river, marsh and tidal estuary sites
  • Served as defense counsel in connection with several State NRD claims pending in New Jersey
  • Counsels clients on restoration projects and handles insurance coverage claims concerning NRD liabilities
  • Listed as a New Jersey Super Lawyer in 2006 and 2008 to 2013; and recognized among Chambers USA Leaders in their Field, 2009 through 2013
  • Co-wrote the amicus curiae brief on behalf of the New Jersey Chamber of Commerce in the landmark case of New Jersey Department of Environmental Protection v. Exxon Mobil Corp., 923 A. 2d 345, 373 N.J. Super. 388 (N.J. App. Div. 2007)
  • Co-wrote a book chapter, “A Practical Guide to Litigating Natural Resource Damages Claims”, which is part of a 2009 ABA publication, Environmental Litigation: Law and Strategy
  • Co-wrote “Searching for Baseline Conditions”, ABA Section on Environment, Energy & Resources, Committee on Superfund and Natural Resource Litigation Newsletter, Vol. 6, Issue 2 (August 2011)
  • Prior to joining McCarter & English, LLP, served as assistant regional counsel for the U.S. Environmental Protection Agency, Region III
  • Former co-chair of the Committee on Superfund and Natural Resource Damages Litigation of the ABA Section on the Environment, Energy and Resources, and a former vice chair of the committee and editor of the committee’s newsletter
  • Can be contacted at [email protected]
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Product ID: 388860
Published 2011
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