LSI 2010 NRD Santa Fe final conference binder 072110.pdf

Andrew O. Guglielmi of New York State Department of Environmental Conservation Speaker 8: 3
which simply states that PRPs will pay for portions of the assessment. Additionally, the scope of
a cooperative assessment can vary greatly, from an agreement that covers assessment planning
through restoration implementation, or an agreement that covers the performance one distinct
assessment study cooperatively.
To the extent that Trustees and PRPs can have a meeting of the minds on threshold
questions, or at least a general path towards the assessment and ultimate resolution of a case,
before they decide to enter into a cooperative assessment process, the smoother and more
successful the process will be. For example, is there a need or desire to perform site specific
injury studies or do both parties agree that literature data or data from similar sites can be used to
help quantify injuries? Is there a preference for a settlement that is based on cash or restoration
projects? Are both parties willing to live with some uncertainty? Is there agreement on a rough
timeline for resolution of the case?
The lack of communication on essential issues between some couples before they get
married can be shocking. Some never discuss whether or not they want children, whether or not
they want joint or separate banking accounts, or how they want to go about dividing up
housework and chores. Failure to discuss these threshold issues ahead of time can lead to
arguments, and maybe even divorce.
III.
Newlyweds – Baggage and a Battle for Control
So after months (or years) of hard work and negotiation, you have finalized the terms of
your cooperative assessment agreement and are finally ready to move into the assessment and
restoration planning phases. Like a marriage, it is time for the real work to begin.
Law Seminars International | Natural Resource Damages | 07/15/10 in Santa Fe, NM
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