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

Conducted on Thursday, June 6, 2013

Recorded event now available

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Program Materials

This CLE webinar 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.

Description

Confusion continues over when, whether and what NRD can be recovered under CERCLA. This confusion extends through the federal agencies to the legislature and courts.

Natural resource trustees, environmental regulators, companies, property owners, owners and operators of facilities, and others must deal with the uncertainty in designing investigations, feasibility studies, removals and remedial actions, as well as conducting assessments and NRD lawsuits.

Listen as our panel of environmental attorneys presents a balanced perspective on what loss of use, non-use and other damages may be recoverable as NRD, and how these damages may be quantified and assessed. The panel will offer best practices for addressing such controversies as the usefulness of the rebuttable presumption, the recoverability of cultural resource damages, and damages for lost cultural services and non-use injuries.

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Outline

  1. Recoverable use, non-use, restoration and other damages under the major federal NRD statutory schemes
  2. Assessments generally, including identification, quantification and monetization of the injury
  3. Recoverability and quantification of cultural resources and non-use damages
  4. The rebuttable presumption and recoverability
  5. 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
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

Sarah F. Peterman
Sarah F. Peterman
Atty
Farella Braun + Martel

She focuses on environmental and natural resources litigation and counseling in environmental enforcement actions,...  |  Read More

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