Implementation of scientific studies in support of natural resource damage assessments: The potentially responsible party`s perspective
- PTI Environmental Services, Bellevue, WA (United States)
In NRD lawsuits, trustees frequently claim overall damages ranging from tens to hundreds of millions of dollars or more. For hazardous waste sites, such claims may be based on alleged releases that occurred over length periods (e.g., many decades) long before the enactment of CERCLA. Thus, these claims may be based heavily on older historical data and other information of uncertain quality. Because of the large potential liability, and the inherent bias in the current NRD regulations in favor of trustees, PRPs are frequently required to collect extensive amounts of scientific data and develop complex predictive models in defense of such claims. The nature of the NRD regulations also enables trustees to claim damages based on inappropriate criteria and inaccurate characterization of baseline, and without a scientific determination of causation. NRD assessments conducted in the Great Lakes and Rocky Mountain regions provide examples of such problems and demonstrate a sharp contrast between trustees` claims and the scientific basis of injury assessment for biological resources. For example, site-specific data frequently indicate the presence of multiple causative factors for alleged injuries that are not associated with the claimed release of a specific hazardous substance. Moreover, critical evaluations of long-term trends in ecosystem response show that implementation of localized source controls and allowance for natural recovery processes have been highly effective in alleviating any past injuries and the need for expensive restoration alternatives.
- OSTI ID:
- 442862
- Report Number(s):
- CONF-961149-; TRN: IM9712%%287
- 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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