Summary

• Jurisdiction: Washington

Chapter Details

Summary

§15.1	Introduction
§15.2	Background
(1) Common-Law Roots (2) Federal Statutory Development (3) Washington's Statutory Regime (4) What Is a Natural Resource? (5) Who Can Bring an NRD Claim (6) Federal Trustees (7) State Trustees (8) Indian Tribe Trustees (9) Coordination Among Trustees (10) Responsibilities of Trustees
§15.3	Elements of a CERCLA Natural Resource Damages Action
(1) Notice (2) Standard of Liability (3) Elements of Proof
§15.4	Defenses
(1) Statute of Limitations (a) Actions Against PRPs (b) Claims Against Superfund (c) Contribution Actions (d) Subrogation Actions (e) Actions Brought by Indian Tribes (2) Act of God (3) Act of War (4) Act or Omission of Certain Third Parties (5) Federally Permitted Releases (6) Damages and Releases of a Hazardous Substance Occurring Wholly Before Enactment of CERCLA (7) Bar Against Double Recovery (8) Registered Pesticide Products (9) Recycled Oil
§15.5	Natural Resource Damages Assessment and Damages Awards
(1) Statutory Limitations on Damages (2) Summary of the U.S. DOI's Assessment Procedures (a) Preassessment Phase (b) Preassessment Screen (c) Assessment Plan (d) Damages Award Measurements (e) Post-Assessment Report (3) Summary of Challenges to U.S. DOI's Rules (4)

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