§15.9 - Procedural Issues

• Jurisdiction: Washington

§15.9 PROCEDURAL ISSUES

Procedural issues faced by parties to NRD actions are discussed below.

(1) Pleading NRD claims

Because of the complexity of the typical NRD case, there is a fundamental problem of how much specificity is necessary to sufficiently plead an NRD claim. In United States v. Montrose Chemical Corp., No. CV 90-3122-AAH, 1991 WL 183147 (C.D. Cal. Mar. 29, 1991), the court dismissed the federal governments NRD claim for failing to adequately apprise the court and the defendants of the nature of, and basis for, the claim. Specifically, the court stated as follows:

[P]laintiffs shall allege: (1) WHAT natural resources have been injured; i.e., ... each alleged injury to natural resources for which plaintiffs seek to recover natural resource damages, and ... the specific natural resources injured ...; (2) the specific locations WHERE each such injury has occurred and where the releases of hazardous substances alleged to be the sole or substantially contributing cause of each such...