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Click here to find out moreNatural resource damage (NRD) cases seek restoration and compensation for lost ecological and recreational services resulting from certain types of contamination. Federal, state and tribal governments have significantly increased their prosecution of these claims across the country and in many cases NRD exposure can be larger than the site remediation. Unlike some areas of environmental law, however, the government has significant evidentiary burdens before it can recover damages and responsible parties possess numerous legal and factual defenses. Join Brian Israel and Meetu Kaul of Arnold & Porter LLP, as they discuss some key issues in NRD cases, including: (a) the concept of “baseline,” the doctrine that prevents the government from recovering NRD for injuries that result from causes other than the PRP’s release of a hazardous substance; (b) NRD liability under statutes and legal theories other than CERLCA, which raise very different legal issues and defenses; and (c) the advantages, disadvantages and logistics of cooperating with the government in NRD matters.
