LSI 2010 NRD Santa Fe final conference binder 072110.pdf

Andrew O. Guglielmi of New York State Department of Environmental Conservation Speaker 8: 6
show little or no injury or loss. Some Trustees might be hesitant to let PRPs take the lead on
some aspects of the assessment because it looks like an abrogation of their Trustee
responsibilities.
Well, what does it mean to truly cooperate? If Trustees have the final say over the
assessment, they should be willing to let PRPs take the lead on certain elements. Trustees can, in
the end, reject a study or its results if the PRPs did not approach the study objectively.
IV.
Conclusion - Uneasily Married
If Trustees and PRPs are able to shed their baggage, give up some control over the
process, and speak openly and freely without fear of negative consequences, then over time the
parties can maintain an uneasy marriage. There will still be fights and rarely will both sides agree
on any one topic. However, there should also be compromises and mini-successes along the way.
Hopefully the marriage will not last too long, so that restoration of injured resources and
services can be achieved and both Trustees and PRPs can feel like they have successfully
compensated the public for its losses.
Law Seminars International | Natural Resource Damages | 07/15/10 in Santa Fe, NM
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