LSI 2010 NRD Santa Fe final conference binder 072110.pdf

Ira Gottlieb of McCarter & English, LLP Speaker 11: 13
The Gulf . . . Private Claims?
OPA Claims (33 U.S.C.§ 2702 (b)(2)) Covered Damages:
• Loss or loss of use
• Damage to real or personal property
• Loss of “subsistence use” of natural resources
• Loss of taxes, royalties, rents, fees, profits or other revenues
due to injury, destruction or loss of real or personal property
recoverable by the United States, a state or a political
subdivision
• Damages equal to lost profits or impairment of earning
capacity due to damage or destruction of real property,
personal property or natural resources … recoverable by any
claimant
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The Rise of Private Claims …?
Will We See More Local and Private
Party Litigation?
• Drinking Water Cases?
• Climate Change?
• Common Law Claims?
• Spin-offs - Economic Loss Litigation for
Diminished and Lost Resource Services?
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Law Seminars International | Natural Resource Damages | 07/15/10 in Santa Fe, NM