LSI 2010 NRD Santa Fe final conference binder 072110.pdf

Linda R. Larson of Marten Law PLLC
J. Scott Janoe of Baker Botts LLP
Speaker 21: 7
Speaker 22: 7
Example – Coeur d’Alene Basin
Site includes over 150 river miles in watershed
of Coeur d’Alene River & tributaries
Mining operations for over a century produced
over 140 million tons of ore; 72 million tons of
waste
Four days of estimation hearing on $2.56 billion
claim by governments for:
$180 million past response costs
$2.5 billion future response costs
$333 million NRD
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Example – Coeur d’Alene Basin
NRD claims dwarfed by human health remedy
Prior settlement with state and Indian Tribe
avoided some, but not all trustee issues
Dubious evidence of damages
More fish = more damage ?
Tundra swans flourishing
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Law Seminars International | Natural Resource Damages | 07/16/10 in Santa Fe, NM