LSI 2010 NRD Santa Fe final conference binder 072110.pdf

Michael R. Thorp of Summit Law Group Speaker 19: 2
Dr. Paul Boehm:
How baseline is used
(cont’d)
Baseline and background
How baseline is measured
Common approaches for
determining background
Considerations
Baseline is the condition of the ecological
services “but for” the release of oil or
hazardous substances.
Interior: Baseline is the “condition or conditions
that would have existed at the assessment area
had the discharge of oil or release of the
hazardous substance under investigation not
occurred.”
43 CFR 11.14(e)
NOAA: Baseline “means the condition of the
natural resources and services that would have
existed had the incident not occurred.”
15 CFR 990.30.
Law Seminars International | Natural Resource Damages | 07/16/10 in Santa Fe, NM