LSI 2010 NRD Santa Fe final conference binder 072110.pdf

Ken L. Frank of Chevron Environmental Management Company Speaker 14: 5
Build a common understanding!
Getting Trustees and key PRP decision-makers to the site for a visit is
also helpful- in most cases…
Establishing a working relationship with Trustees is very important,
since the outcome of an NRDA often hinges on establishing common
grounds for discussion of critical issues
Our most challenging cases have been in states with limited NRDA
experience and where we have no relationship with the Trustees
© 2010 Chevron
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What’s needed for successful outcomes
Focus the action and goals on restoration of lost services so that the
benefits to stakeholders are cost-effective, reasonable and prompt
Reduce the unpredictability of the NRDA process, minimize
transaction costs, and avoid litigation
Restoration options should include natural recovery alternatives
Injury assessments should focus on measurable adverse changes in
natural resources and their services
Interim losses should be compensated by providing substantially
equivalent substitute public uses or ecologic functions during the
interim period, rather than monetized damages
Trustees should be required to demonstrate the baseline ecological
conditions, including prior discharges and physical alteration of the
environment, and to include the baseline in the injury assessment.
© 2010 Chevron
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Law Seminars International | Natural Resource Damages | 07/15/10 in Santa Fe, NM