§3.6 - Natural Resource Damages

• Jurisdiction: Washington

§3.6 NATURAL RESOURCE DAMAGES

Under CERCLA §107, 42 U.S.C. §9607, natural resource trustees may assert claims for natural resources damages (NRD), which include the costs of assessing the injury to natural resources. 42 U.S.C. §9607(a)(4)(C), (f)(1); see also Coeur dAlene Tribe v. Asarco Inc., 280 F.Supp.2d 1094, 1124 (D. Idaho 2003), modified sub nom. United States v. Asarco Inc., 471 F.Supp.2d 1063 (D. Idaho 2005) (discussing Indian tribes recovery of NRD). As required by CERCLA, the NCP designates the secretaries of the following U.S. cabinet departments to serve as trustees for the natural resources subject to their respective management or jurisdiction: Department of Commerce, Department of the Interior, Department of Agriculture, Department of Defense, and Department of Energy. 40 C.F.R. §300.600. In addition, state officials appointed by the governor serve as trustees for natural resources within a state, and tribal officials serve as trustees for...