LSI 2010 NRD Santa Fe final conference binder 072110.pdf

Ira Gottlieb of McCarter & English, LLP Speaker 11: 8
Climate Change and NRD …?
If it Walks Like a Duck …
Do These Allegations Sound Like NRD Claims?
Connecticut v. AEP:
“With regard to future injuries, the complaint categorizes in detail
a range of injuries the States expect will befall them within a
span of ten to 100 years if global warming is not abated. Among
the injuries they predict are: … significant beach erosion;
accelerated sea level rise and the subsequent inundation of
coastal land and damage to coastal infrastructure;
salinization of marshes and water supplies; lowered Great
Lakes water levels, and impaired shipping, recreational use . .
. resulting in property damage; increased wildfires . . . and the
widespread disruption of ecosystems....”
15
Climate Change and NRD …?
Federal Trustee Efforts
NOAA Pilot Project: Climate Assessment
and Proactive Response Initiative (CAPRI)
• Pilot began in January 2009 and is in the
development phase
• Puget Sound, Washington is the focus for
the CAPRI Pilot Project
• The goal of CAPRI is to prepare for, mitigate,
and adapt to climate change-related
contaminant impacts in the coastal zone
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Law Seminars International | Natural Resource Damages | 07/15/10 in Santa Fe, NM