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Natural Resource Damage Assessment: Methods and Cases

Natural Resource Damage Assessment: Methods and Cases

Table 1.1 State Office

Table 1.1 State Office Responses Responded with information about an active program: 20 Responded with no program on which to report: 14 Agency name Acronym Florida Department of Environmental Protection Illinois Department of Natural Resources Indiana Department of Natural Resources Louisiana Department of Environmental Quality Massachusetts Executive Office of Environmental Affairs Maryland Department of Natural Resources Michigan Attorney General Office Michigan Department of Environmental Quality Minnesota Pollution Control Agency Montana Department of Justice New Jersey Department of Environmental Protection New York State Department of Environmental Conservation a Ohio Environmental Protection Agency Oregon Department of Environmental Quality Rhode Island Department of Environmental Management South Carolina Department of Health and Environmental Control South Dakota Department of Environment and Natural Resources Virginia Department of Environmental Quality Washington State Department of Ecology – OPA Office West Virginia Division of Natural Resources Arizona State Land Department Georgia Environmental Protection Division Iowa Department of Natural Resources Kansas Department of Health and Environment Kentucky Department for Natural Resources Montana Department of Fish, Wildlife & Parks North Dakota Department of Health, Environmental Health Section Nebraska Department of Environmental Quality Nebraska Game and Parks Commission New Hampshire Department of Environmental Services New Hampshire Department of Fish and Game Virginia Department of Conservation and Recreation Vermont Department of Environmental Conservation Wyoming Game and Fish Department No response b : 30 Alaska Department of Environmental Conservation Alabama Department of Environmental Management Arkansas Department of Environmental Quality Arizona Office of the Attorney General Arizona Department of Environmental Quality California Department of Fish and Game Colorado Department of Public Health and Environment Connecticut Department of Environmental Protection District of Columbia Department of Health Delaware Department of Natural Resources & Environmental Control Hawaii Office of Hazard Evaluation and Emergency Response Idaho Department of Environmental Quality Indiana Department of Environmental Management Kentucky Department for Environmental Protection Maine Department of Environmental Protection Missouri Division of Environmental Quality Mississippi Department of Environmental Quality Montana DNRC New Mexico Natural Resource Trustee 4 FLDEP ILDNR INDNR LADEQ MAEOEA MDDNR MIAGO MIDEQ MNPCA MTDOJ NJDEP NYSDEC OHEPA ORDEQ RIDEM SCDHEC SDDENR VDEQ WAECY- OPA WVDNR AZSLD GAEPD IADNR KDHE KYDNR MTFWP NDDH NEDEQ NEGPC NHDES NHDFG VDCR VTDEC WYGFD AKDEC ALDEM ARDEQ AZAGO AZDEQ CADFG CODPHE CTDEP DCDH DENDREC HIHEER IDDEQ INDEM KYDEP MEDEP MODEQ MSDEQ MTDNRC NMNRT

All: 64 Nevada Division of Environmental Protection Oklahoma Department of Environmental Quality Pennsylvania Department of Environmental Protection South Carolina Department of Natural Resources South Carolina Office of the Governor Texas General Land Office Texas Natural Resource Conservation Commission Texas Parks and Wildlife Department Utah Department of Environmental Quality Washington State Department of Ecology Wisconsin Department of Natural Resources 5 NVDEP OKDEQ PADEP SCDNR SCOG TXGLO TXNRCC TXPWD UTDEQ WAECY- CERCLA WIDNR a The agency from New York provided a completed one-page questionnaire but declined to provide any completed case-information forms. b In some cases, the agency would not respond to our initial attempts to make contact and obtain a mailing address, and thus a mailing was never sent. Other agencies did respond to our mailing with informal communication but were unable to provide completed questionnaires. III. State NRD programs All states are authorized to pursue compensation for NRDs under federal statutes. However, some states have additional state legislation under the auspices of which NRD recovery is conducted. Of the 22 agencies that provided information about state-level NRD legislation, 15 indicated that their state does have independent state authority to address NRD issues, while six reported that their state did not have such a state law (see Table 1.2). Four of the 20 agencies with NRD programs reported that their programs were not active at the time we requested information. Table 1.3 shows that most of the agencies reporting active programs had begun NRD activity in the 1990s. The state trustee agencies generally have few staff members spending time on NRD assessment and recovery. As Table 1.4 shows, several agencies have no personnel who regularly dedicate time to NRD activities; the largest 1 program has only 13. Most of the agency personnel devoted to NRD programs are natural or physical scientists. In contrast, very few programs have an economist working on NRD issues. The next section of this chapter reviews the information states provided regarding individual NRD cases that were active after 1995. This report focuses on those cases because the federal regulations governing NRDA changed significantly in the mid-1990s (see Chapter 4). However, Table 1.5 shows that some of the agencies had obtained settlements for NRDs in a significant number of cases prior to that point in time. 1 Maryland reported having a very large staff (totaling 70 people), but this seems likely to be the size of the entire agency and not the staff devoted to NRD activity.

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