Natural resource damage assessment -- Trustee and defendant perspectives
The goal of the NRD process is restoration: restoring injured resources and the services they provide to a level that will compensate the public for the losses associated with injuries. While restoration, the final step in the cleanup process, has only recently been pursued, experience dictates that it is more effective and efficient for cleanup agencies. Industry and natural resource trustees to address NRD by integrating it into the cleanup process in a cooperative and coordinated manner. Early integration reduces transaction costs and liability by: (1) enabling the collection of NRD information by field personnel already conducting RI work; (2) promoting the selection of remedial alternatives that are protective of resources; and (3) creating opportunities to build restoration directly into the remedy. The damage assessment regulations provide an objective template to guide this process. Integration thus facilitates timely restoration, thereby halting the accrual of further damages and reducing the potential for time consuming and costly litigation. Delays in settlement and restoration are more likely when trustees are not made part of the cleanup process. Particularly under CERCLA, reliance on unproven science for injury determination and unreliable economics for damage assessment results in inflated values, prolonged litigation, delayed or vacuous remedial action and high transaction costs. Under OPA, where oil spills require immediate and effective response action, cooperation between PRPs and Trustees is more likely, but even there, the post-response assessment of NRD is unlikely to be cooperative for the same reason CERCLA assessments tend not to be.
- OSTI ID:
- 442858
- Report Number(s):
- CONF-961149-; TRN: IM9712%%283
- Resource Relation:
- Conference: 17. annual meeting of the Society of Environmental Toxicology and Chemistry: partnerships for the environment - science, education, and policy, Washington, DC (United States), 17-21 Nov 1996; Other Information: PBD: 1995; Related Information: Is Part Of SETAC 17. annual meeting -- Abstract book. Partnerships for the environment: Science, education, and policy; PB: 378 p.
- Country of Publication:
- United States
- Language:
- English
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