Natural Resource Damages: A Sleeping Giant? by ProQuest


Anyone who operates a chemical, petrochemical or bulk petroleum terminal facility has likely encountered a natural resource damages (NRD) claim. This may be about to change, however, with many now referring to natural resource damages as a "sleeping giant" due to the potential for vast recoveries under a host of federal and state laws. Natural resource damages can be defined as compensation for injuries to natural resources sustained in the course of a spill or release of contamination or pollutants to the environment, with "injuries" referring to any measurable adverse change in the physical or chemical quality or viability of the resource. Natural resources are also governed by a number of federal laws including the Superfund and the Oil Pollution Act of 1990 and the Clean Water Act. NRD claims have been defined as claims that arise from the release of hazardous substances that have resulted in injuries to natural resources or the deprivation of natural resource services.

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