Recovery of Natural Resource Damages: Emerging Trends

Analyzing EPA, OPA and CERCLA Roles in NRD Assessments and the Implications of Recent Litigation for Future Claims

Recording of a 90-minute CLE webinar with Q&A

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Conducted on Thursday, March 1, 2012

Recorded event now available

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Course Materials

This CLE course will provide environmental counsel with a review of emerging trends in natural resource damage recovery, discuss new developments in NRD assessments, and analyze the EPA's role under OPA and CERCLA in assessments. The panel will review current NRD suits and the potential impact on future claims.

Description

During NRD-related proceedings, natural resource trustees, environmental regulators, companies, property owners, and owners and operators of facilities must consider and deal with the nature and scope of assessments, preparing feasibility studies, implementing removals and/or remedial actions, and preparing for and responding to administrative or judicial claims.

NRD matters can involve staggering amounts of money and can become contentious for the parties involved. Understanding current assessment trends and requirements is essential for counsel and their clients.

Listen as our authoritative panel of environmental attorneys discusses the latest developments in NRD recovery. The panel will discuss considerations during the assessment, including weighing the cooperative assessment option and the EPA's role. A review of current suits and the impact of the above on future recovery claims will also be provided.

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Outline

  1. NRD Assessments in the Recovery Process
    1. The EPA’s role
      1. CERLCA
      2. OPA
    2. Current trends in assessments
      1. Cooperative assessments
      2. Other trends
  2. NRD Recovery Litigation
    1. Federal litigation
    2. State litigation
    3. Implications for future recovery claims and actions
  3. Other new developments impacting NRD Recovery

Benefits

The panel will review these and other key questions:

  • When should a cooperative assessment be performed?
  • How does the EPA view its role as notifier and coordinator under CERLCA and OPA in the assessment and recovery process?
  • What current federal and state cases are likely to impact future NRD claims?

Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.

Faculty

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

Robert L. Hines
Robert L. Hines
Partner
Farella Braun + Martel

He represents clients in complex governmental and private litigation and enforcement actions, including state and...  |  Read More

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