Overview of Natural Resources Damage Assessment and Restoration

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Scope of Liability for NRD Elements of Liability • Trustees must demonstrate that there has been “injury” to natural resources “resulting from” a “release/discharge”. • Liability for natural resource damages, like liability for response costs, is joint and several unless a defendant can meet its burden of proving divisibility of the harm
Scope of Liability for NRD Meaning of Injury • Not defined per se in the law. CERCLA only refers to an “injury to, destruction of, or loss of natural resources”. • Injury is defined in 43 CFR 11 as “a a measurable adverse change, either long- or short-term, term, in the chemical or physical quality or the viability of a natural resource” • CERCLA regulations allow demonstration of injury either by: • Empirical evidence of an adverse change in a particular case (e.g., lower hatching rates, increased incidence of tumors), or • Reliance on a prior regulatory determination (e.g. WQC) to identify a threshold above which injury may be expected • OPA has a comparable definition of injury, requiring proof of injury based on such standards of scientific reliability and validity
Page 1 and 2: Overview of Natural Resources Damag
Page 3 and 4: Things happen…
Page 5 and 6: NRDAR What is it? • A process to
Page 7 and 8: NRDAR What it is not! • NRD is no
Page 9 and 10: What Are Services? • Services are
Page 11 and 12: What is Restoration? • Primary re
Page 13 and 14: Laws • Clean Water Act (CWA) •
Page 15 and 16: Natural Resources • Trustees have
Page 17 and 18: Trustees ees… - Coordinate w/resp
Page 19 and 20: Relationship to Cleanup
Page 21 and 22: Relationship to Cleanup Actions Dam
Page 23 and 24: Relationship to Cleanup Actions Dam
Page 25 and 26: Relationship to Cleanup Actions Cle
Page 27: Scope of Liability
Page 31 and 32: Scope of Liability for NRD Statutor
Page 33 and 34: Scope of Liability for NRD Statutor
Page 35 and 36: The Big Picture Oil or Hazardous Su
Page 37 and 38: NRD Process Regulations Describe Pr
Page 39 and 40: NRDAR Process Preassessment Phase
Page 41 and 42: NRDAR Process OPA Restoration Plann
Page 43 and 44: NRD Process CERCLA Assessment Phase
Page 45 and 46: NRDAR Process OPA Restoration Imple
Page 47 and 48: Cooperative NRDAR
Page 49 and 50: Cooperative Assessments Benefits Lo
Page 51: NRDAR Summary • Process to make t

Overview of Natural Resources Damage Assessment and Restoration

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