Natural Resource Damages Under CERCLA: Recoverability and Assessment Challenges
Evaluating, Valuing, and Proving or Disproving Injury and Damages
Recording of a 90-minute CLE webinar with Q&A
This CLE course will prepare counsel for companies involved in natural resource damages (NRD) claims or settlements to participate in the process of recovering NRD. The panel will outline strategies to prove or disprove the recoverability, assessment and quantification of natural resource injuries.
Outline
- Recoverable use, non-use, restoration and other damages under the major federal NRD statutory schemes
- Assessments generally, including identification, quantification and monetization of the injury
- Recoverability and quantification of cultural resources and non-use damages
- The rebuttable presumption and recoverability
- Strategies and tactics that can be used to promote or dissuade recoverability
Benefits
The panel will review these and other key questions:
- What are best practices for counsel to parties making injury determinations?
- How can counsel optimize their client's position during the NRD assessment process?
- When is a cooperative assessment the optimal choice?
Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.
Faculty
James A. Bruen
Partner
Farella Braun + Martel
He focuses on complex products and environmental counseling and litigation. He is a highly regarded expert in... | Read More
He focuses on complex products and environmental counseling and litigation. He is a highly regarded expert in product stewardship and coordinates and supervises domestic and international products and environmental litigation. He serves as lead trial counsel in mass tort litigation, NRD litigation, and environmental cost recovery/contribution litigation.
CloseSarah F. Peterman
Atty
Farella Braun + Martel
She focuses on environmental and natural resources litigation and counseling in environmental enforcement actions,... | Read More
She focuses on environmental and natural resources litigation and counseling in environmental enforcement actions, cost recovery litigation, citizen suits, complex toxic tort litigation, product liability litigation, private attorneys general actions, and administrative proceedings. She has experience in litigation and ADR under the Clean Water Act, CERCLA, NEPA and CEQA, Prop 65, RCRA and ESA.
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