LSI 2010 NRD Santa Fe final conference binder 072110.pdf

Michael R. Thorp of Summit Law Group Speaker 19: 3
NOAA Mussel watch program: 3 teams to test
shellfish, sediment and water at 60 locations
Natural Conservancy: Database going back 12
years
Natural Park Service: Documenting conditions at
98 sites along the Gulf Coast
Audubon Society: Nest counts for brown pelicans
and terns
Various groups: send us photos and video
“Baseline” is not mentioned in any
of the key operative statutes.
CERCLA: trustees are only entitled to damages
“resulting from such a release.” 42 USC 9607(4)(C)
OPA: trustees only entitled to “damages…that result
from such incident.” 33 USC 2702(a)
CWA: recoverable costs include “any
costs…incurred… in the restoration or replacement
of natural resources damaged…as a result of a
discharge of oil or a hazardous substance…” 33
USC 1321(f)(4)
Law Seminars International | Natural Resource Damages | 07/16/10 in Santa Fe, NM