LSI 2010 NRD Santa Fe final conference binder 072110.pdf

Ken L. Frank of Chevron Environmental Management Company Speaker 14: 2
Challenges of CERCLA Sites
Multi-party sites with difficult questions
about who is liable and for what
Many questions over when the release
occurred and the effects of the release
Proscriptive cleanup process that does
not incorporate trustees, other than
notifications
NRD claims that occur after the cleanup
action is complete
Duplication of studies and cleanup efforts
with little environmental benefit to the
public
Urban and Industrial Waterways that
have been in use for 100’s of years
© 2010 Chevron
3
Challenges of Managing NRD Cases
General unpredictability of the NRDA process
Potential for Setting Unreasonable Restoration Goals
Second Guessing EPA Clean-Up Decisions / Second Clean-up
Speculative Monetary Claims for Past “Lost-Use” Damages
Arbitrary Claims for “Non-Use” Values Based on Public Opinion Polls
Maintaining a Reasonable Balance of Costs and Benefits
Ignoring Causation
Retroactivity
© 2010 Chevron
4
Law Seminars International | Natural Resource Damages | 07/15/10 in Santa Fe, NM