LSI 2010 NRD Santa Fe final conference binder 072110.pdf

Michael R. Thorp of Summit Law Group Speaker 19: 4
Interior:
43 C.F.R. §11.70(a) describes how the trustees are to
use the baseline concept in quantifying the alleged
injury:
(a) Requirement. (1) Upon completing the
Injury Determination phase, the authorized
official shall quantify for each resource
determined to be injured and for which damages
will be sought, the effect of the discharge or
release in terms of the reduction from the
baseline condition in the quantity and quality of
services, as the phrase is used in this part,
provided by the injured resource using the
guidance provided in the Quantification phase of
h
Origin of Baseline – Regulations
(cont’d)
43 C.F.R. §11.72 – “Quantification phase
– baseline services determination” sets
forth how the calculation of baseline
is actually carried out.
General Guidelines
Use of Historical data
Control areas
Resource by resource guidelines
Law Seminars International | Natural Resource Damages | 07/16/10 in Santa Fe, NM