Natural Resource Damages Assessment: Valuing and Contesting NRD Injury and Damages
Methods for Determining and Quantifying Injury and Damages, Evaluating Cooperative Assessment
Recording of a 90-minute CLE webinar with Q&A
This CLE course will prepare counsel [and consultants] for companies involved in natural resource damages (NRD) claims or settlements to participate in the process for measuring NRD. The panel will outline best practices for accomplishing each phase of injury and damages valuation.
- Regulations for assessing NRD
- Comprehensive Environmental Response, Compensation and Liability Act (CERCLA)
- Oil Pollution Act of 1990 (OPA)
- State laws
- Injury determination
- Covered natural resource?
- Injury to resource?
- Connection between incident/spill and injured natural resource
- Injury quantification
- Baseline condition of resource
- Extent or scope of injury
- Baseline services
- Recoverability of resource
- Reduction in services attributable to release
- Damage determination
- Value of injured resource vs. cost to restore/replace resource
- Value of services lost
- Compensable value/lost use value
- Cooperative assessment
- Joint technical assessment of damages
- Transaction costs
- When is it worth it?
- Best practices
The panel will review these and other key issues:
- What are best practices for the parties to make injury determinations?
- How can the parties optimize their positions during the NRD assessment process?
- When is cooperative assessment the best option?
James H. (Jim) Colopy
Farella Braun + Martel
Mr. Colopy has extensive experience representing private and public entities in all types of environmental and... | Read More
Mr. Colopy has extensive experience representing private and public entities in all types of environmental and commercial litigation and alternative dispute resolution proceedings. He also counsels clients on environmental compliance issues and management strategies. A past Chair of the firm’s Environmental Law Department, Mr. Colopy is a frequent author and lecturer on environmental law topics.Close
Robert L. (Buzz) Hines
Farella Braun + Martel
Mr. Hines has practiced environmental law for more than 25 years representing clients in complex governmental and... | Read More
Mr. Hines has practiced environmental law for more than 25 years representing clients in complex governmental and private litigation and enforcement actions, including state and federal cost recovery actions, natural resource damage claims and assessments, air, water and hazardous waste actions, and multi-media agency proceedings. Mr. Hines is a former Chair of the firm’s Environmental Law Department.Close