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					         NRDs 101

          Vicky Peters
Colorado Attorney General’s Office
          What are they?
   damages for injury to, destruction of, or
    loss of natural resources, including the
    reasonable costs of assessing such
    injury, destruction, or loss resulting
    from such a release" CERCLA 42 USC
    9607(4)(C); OPA 1002(b)(2)(A).
    Response Action


– Respond to the release
– Address threats
– Protect Human Health and Environment
Natural Resource Damages

 – Compensate public for injuries to natural
   resources
      Primary--Compensation for injuries residual to
       response action as compared to baseline
      Compensatory--Compensation for losses from
       time of injury (or 1981) until restoration
       achieved
         Oil Pollution Act
   protect and restore
    coastal and ocean resources
    injured by releases of oil,
    hazardous substances or physical
    impacts
    Natural resources

   "land, fish, wildlife, biota, air, water, ground
    water, drinking water supplies, and other such
    resources belonging to, managed by, held in
    trust by, appertaining to, or otherwise
    controlled by the United States..., [or] any
    state or local government,…Indian Tribe..."
    CERCLA sec. 101(16); (OPA 1001(20) and
    1006(a) has similar definition)
              Injury
 the Department of Interior's (DOI)
  damages assessment regulations define
  it as a "measurable adverse change in
  the chemical or physical quality or the
  viability of a natural resource” 43 CFR
  11.14(v).
 NOAA regs include impairment of a
  natural resource service 15 CFR 900.30
  (Subpart C)
          Proof of Injury
   empirical evidence of an adverse
    change in a particular case (e.g., lower
    hatching rates or increased incidence of
    tumors); or

   reliance on a prior regulatory
    determination, such as water quality
    standards or FDA tolerance limits
    Damage Recoveries

 CERCLA section 107(f)(1) allows sums
  recovered only to be used to restore,
  replace, or acquire the equivalent of
  natural resources
 OPA 1006(c) and (f), allows excess
  recoveries to go to revolving trust
  account
Natural Resource Trustees
 State Tribes
 Secretaries of Fed Agencies
    –   Agriculture (e.g. Forest Service)
    –   Commerce (NOAA)
    –   Defense
    –   Energy
    –   Interior (FWS)
        Role of the Public

   Input at
    – Assessment Scoping Phase
    – Assessment
    – Restoration Planning
    – Consent Decree
    Relevance to DOE sites
   Timing--Some sites are close to
    completion
    – Rocky Flats, CO
    – Fernald, OH
    – Weldon Springs, MO
      Statute of Limitations
   For NPL sites, Federal facilities
    identified under sec. 120, or facilities at
    which a remedial action under CERCLA
    is scheduled:
    – Action must be brought w/i 3 years of
      completion of remedial action
     Selection of Remedies
   Incorporate NRD considerations into
    selection of interim and final remedies
      Injured Resources
 Groundwater -- state resource
 Surface water and aquatic life - state,
  federal, tribal
 Terrestrial wildlife, birds - state, federal,
  tribal
 Air?
Evolution of NRD Programs

 From valuation to restoration
 From afterthought to integration
 From litigation to cooperation
           Valuation

 Contingent Valuation Methodology
 Hedonic Methodology
 Market Analysis
        Restoration-based

 Habitat Equivalency Analysis
 Resource Equivalency Analysis


   “Good projects solve hard cases.”
    – Steve Hampton, June 2004
             Integration

   Risks of not integrating
    – Puget sound? Trustees couldn’t restore
      resources because EPA’s PCB cleanup
      levels too high to sustain organisms
    – NJ. Borrow material for cap discovered to
      be wetlands
   Benefits of integration reflected in DOE
    policy
Cooperative Assessments

   Tend to incorporate both concepts of
    – restoration over valuation and
    – integration

				
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