Over the last 20 years, the complexity and cost of natural resource
damages (NRD) cases has continued to grow. Recognizing this rapidly
expanding area of the law, Natural Resource Damages: A Guide to
Litigating and Resolving NRD Cases provides a guide for companies,
attorneys, trustees, and consultants on how to value, litigate, and
resolve these cases.
Based upon the authors' combined 30 years of experience handling some of
the largest and most complex NRD cases in the country, the book explores
the jurisprudence, litigation strategy, and paths toward cost effective
resolution of NRD matters. In addition, this valuable resource provides
an annotated compilation of published caselaw, consent decrees,
cooperative assessment agreements, administrative record submissions,
and other materials. The authors provide a quantitative analysis of all
key NRD settlements (under both CERLCA and OPA) to allow companies and
trustees to properly assess their own cases in the context of prior
results.
In addition, the authors discuss the NRD regime in the European Union,
including a review of the similarities and differences of the EU and
United States approaches to environmental damages.
Table of Contents
Chapter 1: Introduction
Chapter 2: NRD Statutes and Regulations
Chapter 3: NRD Defenses: Legal, Evidentiary, and Procedural
Chapter 4: NRD Assessments: Regulatory Framework
Chapter 5: NRD Assessments: Valuation Methods
Chapter 6: Cooperative NRD Assessments: Strategy and Mechanics
Chapter 7: NRD Litigation: Strategy, Procedures, and Preparation
Chapter 8: NRD Restoration: A Strategic Perspective
Chapter 9: NRD Settlements
Chapter 10: Complex Situations and Novel Approaches
Chapter 11: The European NRD Regime
Appendix, Table of Cases, Index
