LSI 2010 NRD Santa Fe final conference binder 072110.pdf

John K. Dema of Law Offices of John K. Dema, P.C.
Bill Jackson of Jackson Gilmour & Dobbs, PC
Scott E. Kauff of Law Offices of John K. Dema, P.C.
Speaker 16: 5
Speaker 17: 5
Speaker 18: 5
Quapaw Tribe of Oklahoma v. Blue Tee
Corp. (N.D. Okla. 2009)
2 nd Holding
Under Oklahoma law, a claim for lost
beneficial use or reduced value of real
property are the land owner’s claim. The
Tribe’s NRD claim under state law should
focus on redressing harm to natural
resources, not loss of use of land.
In Re Settoon Towing, LLC
(E.D. La. 2009)
1st Holding
Because the Oil Pollution Act’s (“OPA’s”)
damages provision preempts the general
maritime law, it is not necessary to show a
physical injury to a proprietary interest in
order to recover economic losses.
Law Seminars International | Natural Resource Damages | 07/15/10 in Santa Fe, NM