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Title: Superfund, round two: Natural resource damages

Abstract

Throughout the US, companies that have been embroiled in confrontation over Superfund enforcement may soon be confronted with another round of Superfund claims. Under the Superfund law designated federal and state agencies may seek to recover damages for injury to, loss of, or destruction of natural resources caused by the release of hazardous substances. Until now, government agencies have focused on the provisions of the act that includes a government agency's right to conduct investigations and cleanups of hazardous-waste sites; its right to require private parties to conduct site cleanups; and its ability to seek to recover all associated costs from the Potentially Responsible Parties (PRPs) that are liable. Federal and state agencies are displaying a new interest in natural resource damaged (NRD) claims. To win an NRD case, the trustee must prove in court that: the defendant is within a class of liable parties under Cercla; there has been demonstrable injury to, destruction of, or loss of natural resources; the trustee is the legitimate guardian of the damaged resource; the damage or loss resulted from (i.e. was caused by) a release of hazardous substances for which the defendant is liable; and the dollar figures sought as damages and themore » trustee's assessment costs reflect the true value of the resources. If the trustee fails to prove any of these elements in court, the defendant should not be held liable. Hence, companies structuring an NRD defense should focus on the following seven elements: nature of the action; recoverable damages; nature of the natural resources covered; who may bring an action; resources subject to the action; causation; and calculation of damages.« less

Authors:
 [1]
  1. Powell, Goldstein, Frazer and Murphy, Atlanta, GA (United States)
Publication Date:
OSTI Identifier:
6746178
Resource Type:
Journal Article
Journal Name:
Chemical Engineering (New York); (United States)
Additional Journal Information:
Journal Volume: 101:12; Journal ID: ISSN 0009-2460
Country of Publication:
United States
Language:
English
Subject:
29 ENERGY PLANNING, POLICY AND ECONOMY; LAND RESOURCES; DAMAGE; US SUPERFUND; IMPLEMENTATION; WATER RESOURCES; HAZARDOUS MATERIALS; LAWSUITS; LIABILITIES; LAWS; MATERIALS; POLLUTION LAWS; RESOURCES; 290300* - Energy Planning & Policy- Environment, Health, & Safety

Citation Formats

Denham, Jr, V R. Superfund, round two: Natural resource damages. United States: N. p., 1994. Web.
Denham, Jr, V R. Superfund, round two: Natural resource damages. United States.
Denham, Jr, V R. 1994. "Superfund, round two: Natural resource damages". United States.
@article{osti_6746178,
title = {Superfund, round two: Natural resource damages},
author = {Denham, Jr, V R},
abstractNote = {Throughout the US, companies that have been embroiled in confrontation over Superfund enforcement may soon be confronted with another round of Superfund claims. Under the Superfund law designated federal and state agencies may seek to recover damages for injury to, loss of, or destruction of natural resources caused by the release of hazardous substances. Until now, government agencies have focused on the provisions of the act that includes a government agency's right to conduct investigations and cleanups of hazardous-waste sites; its right to require private parties to conduct site cleanups; and its ability to seek to recover all associated costs from the Potentially Responsible Parties (PRPs) that are liable. Federal and state agencies are displaying a new interest in natural resource damaged (NRD) claims. To win an NRD case, the trustee must prove in court that: the defendant is within a class of liable parties under Cercla; there has been demonstrable injury to, destruction of, or loss of natural resources; the trustee is the legitimate guardian of the damaged resource; the damage or loss resulted from (i.e. was caused by) a release of hazardous substances for which the defendant is liable; and the dollar figures sought as damages and the trustee's assessment costs reflect the true value of the resources. If the trustee fails to prove any of these elements in court, the defendant should not be held liable. Hence, companies structuring an NRD defense should focus on the following seven elements: nature of the action; recoverable damages; nature of the natural resources covered; who may bring an action; resources subject to the action; causation; and calculation of damages.},
doi = {},
url = {https://www.osti.gov/biblio/6746178}, journal = {Chemical Engineering (New York); (United States)},
issn = {0009-2460},
number = ,
volume = 101:12,
place = {United States},
year = {Thu Dec 01 00:00:00 EST 1994},
month = {Thu Dec 01 00:00:00 EST 1994}
}