The natural resource damage assessment deskbook. A Legal and Technical Analysis. 2nd Edition
- Publisher:
- Environmental Law Institute
- Publication date:
- 2014-03-06
- Authors:
-
Valerie Ann Lee
P.J. Bridgen - ISBN:
- 978-1-58576-168-5
Description:
The purpose of this deskbook is to provide a survey of the law and techniques associated with the common body of law, science, and economics constituting natural resource damage assessment. The frameworks for liability and the goals under the federal statutes providing a right of action for natural resource damages are substantially the same. The law and technical approaches for natural resource damage assessment under one statute tend to build the base for assessment under other statutes. Thus, natural resource damage assessment is best undertaken with an understanding of legal developments under all the federal natural resource damage statutes and the technical approaches used for assessment. The body of the deskbook presents both analysis of law and practical information about the elements of natural resource damage assessment and technical approaches used. The deskbook is written with both environmental managers and lawyers in mind.Complimentary review copies are not available for this title
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- Preliminary sections
- About the Authors
- Acknowledgments
- Dedication
- Introduction
- Natural Resource Damage Assessment Concepts and Players
- Historical Context for Natural Resource Damage Assessment
- Character of the Event and Coverage of Federal Authorities
- The Comprehensive Environmental Response, Compensation, and Liability Act
- The Oil Pollution Act
- The Clean Water Act
- The Marine Protection, Research, and Sanctuaries Act
- The National Park System Resource Protection Act
- Federal Trustees
- Natural Resource Damage Assessment Elements and Regulations
- Techniques in Injury Assessment
- Coordination of CERCLA Remedial Actions and Natural Resource Injury Determinations
- Tools and Techniques in Assigning Damage
- Restoration Planning and Implementation
- Cooperative Assessments
Appendices
- Table of State NRDA Authorities and Trustees
- Example Complaint Under CERCLA for Natural Resource Damages (United States v. BP, No. CV-04536 (D. La. Dec. 15, 2010))
- OSWER Directive No. 9295.0-02: MOU Between NOAA and U.S. EPA Concerning the Notification and Coordination of Activities Pursuant to CERCLA, U.S. EPA Office of Solid Waste and Emergency Response (Apr. 1992)
- OSWER Directive No. 9200.4-22A: CERCLA Coordination With Natural Resource Trustees, U.S. EPA, Office of Solid Waste and Emergency Response (July 31, 1997)
- Example Outline of a Damage Assessment and Restoration Plan and Environmental Assessment (Bermuda Islander Spill, Delaware Bay, Jan. 2013)
- Natural Resource Damage Claims Division, National Pollution Funds Center, U.S. Coast Guard, Natural Resource Damage Funding Guidelines (Mar. 2003)
- National Pollution Funds Center, U.S. Coast Guard, Claimant's Information Guide (Nov. 2009)
- Example Preassessment Screen (Sweet Water Mine, June 2008)
- Example MOA Between Trustees and Responsible Parties Governing Cooperative NRDA and Restoration Planning Activities (Bouchard Oil Spill, Oct. 2006)
- Example Invitation to Participate in a Natural Resource Damages Assessment
- Example Notice of Intent to Conduct Restoration Planning (BP Oil Spill, Sept. 27, 2010)
- Example Cooperative NRDA Assessment (MV Cape Flattery Oil Spill, 2005)
- Example Consent Decree Under CERCLA (United States v. Cosco Busan et al., No. C 07-60450-SC (N.D. Cal. 2008))
- Index