Example Invitation to Participate in a Natural Resource Damages Assessment

• Author: Valerie Ann Lee/P.J. Bridgen
• Pages: 481-481

Example Invitation to Participate in a Natural Resource Damages Assessment Page 481

Example Invitation to Participate in a Natural Resource Damages Assessment

[Date]

[Name of Responsible Party]

[Address]

[Telephone]

[Fax]

[Email, if known]

Attention: [Representative, if known]

Re: [Name of Oil Spill Incident and date]: Invitation to Participate in Natural Resource

Damage Assessment

On [date], the [vessel name/facility] was involved in an actual or substantial threat of a

discharge of oil [location]. You and/or your vessel, facility or corporation have been named by

the United States Coast Guard as a r esponsible party for this incident, pursuant to § 2714 of the

Oil Pollution Act of 1990, 33 U.S.C. § 2700 et seq. (OPA).

An incident involving an actual or substantial threat of a discharge of oil may give rise to

liability for natural resource damages (NRD) under OPA and the regulations for assessing NRD

pursuant to OPA, 15 CFR § 990 (61 FR 440, January 5, 1996; the OPA Regulations). The

[names of trustee agencies participating in this letter] are Trustee agencies with management

authority over natural resources actually or potentially injured as a result of this incident.

In accordance with § 990.41 of the OPA Regulations, the Trustees have determined that

the incident is covered by OPA, that no exceptions from liability are applicable, and that natural

resources under their trusteeship have been or may be injured as a result of this incident. The

Trustees have therefore determined to proceed with the natural resource damage assessment

process.

The goal of the assessment process is to efficiently and effectively restore injured natural

resources and their services to baseline conditions, and compensate th e environment and the

public for the interim losses. As § 990.14 of the OPA Regulations requires Trustees to invite

participation of known responsible parties in the assessment process to best facilitate achieving

this restoration goal, this letter shall serve as your invitation to participate.

A written response from you is required by [date] to confirm your desire to participate in

the assessment. Please send your response to [contact], of [agency], which is acting as the Lead

Administrative Trustee for the assessment. The Trustees will subsequently contact you to

determine a mutually acceptable level of your involvement in the assessment process, consistent

with the provisions of § 990.14(c) of the OPA Rule.

Sincerely,

_________________________ _________________________

Title Date