Expanding role of natural-resource damage claims under Superfund

Journal Article · · Va. J. Nat. Resour. Law; (United States)

OSTI ID:7012905

Habicht, II, F H

The new amendments contained in the Superfund Amendments and Reauthorization Act (SARA) along with the new DOI damage-assessment regulations should increase the number of natural resource damage claims brought against private parties. This potential for growth in CERCLA natural resource damage litigation and the consequent potential for enormous damage awards deserves the critical attention of both government officials and potentially responsible parties (PRPs). This article therefore suggests a reasonable approach to deal with this vital and unexplored area of potential liability under CERCLA. Part I discusses the role of natural-resource damage liability within CERCLA's remedial scheme and the federal government's enforcement policy. Part II outlines the statutory provisions governing natural-resource damage claims, both under CERCLA as originally enacted in 1980 and as revised by SARA in 1986. Part III explains DOI's new regulations governing natural-resource damage assessments. Part IV analyzes the current status of natural-resource damage litigation, the impact of SARA upon that litigation, and the important issues of statutory interpretation that have yet to be resolved by the courts. Part V predicts the potential impact of natural-resource damage liability on PRPs that handle, or have handled, hazardous substances. It is concluded that responsible government agencies must develop a reasonable policy toward natural-resource damage claims that is consistent with the overall cleanup objectives of CERCLA.

• Research Organization: Perkins Coie, Washington, DC (USA)
• OSTI ID: 7012905
• Journal Information: Va. J. Nat. Resour. Law; (United States), Journal Name: Va. J. Nat. Resour. Law; (United States) Vol. 7:1; ISSN VJNLD
• Country of Publication: United States
• Language: English

Related Subjects

29 ENERGY PLANNING, POLICY, AND ECONOMY
290300* -- Energy Planning & Policy-- Environment
Health
& Safety
AMENDMENTS
CIVIL LIABILITY
ENVIRONMENTAL IMPACTS
ENVIRONMENTAL POLICY
GOVERNMENT POLICIES
HAZARDOUS MATERIALS
LAWS
LIABILITIES
MANAGEMENT
MATERIALS
POLLUTION LAWS
SUPERFUND
VIOLATIONS
WASTE MANAGEMENT