Natural Resource Damage Claims, 1996 Environmental Conference Proceedings

Industrial facilities and vessels from which a spill of oil or release of a hazardous substance occurs must be increasingly prepared for claims by government agencies seeking to recover “natural resource damages. ” The objectives of this paper are to explain how NRD claims arise, how trustees bring claims to recover NRDs; how the law of NRD has changed; the advantages of the new law; and to identify the significance of NRD. The potential for growth in the number of NRD claims and the sums sought in such claims is significant. Industrial facilities have opportunities to take a pro-active approach both to avoid spills and releases that would cause injury to natural resources and to respond to spills and releases that do occur in such a way as to minimize the ultimate exposure to NRD.

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