LSI 2010 NRD Santa Fe final conference binder 072110.pdf

Angus Macbeth of Sidley Austin LLP Speaker 24a: 1
Settlement of
Natural Resource Damage Litigation:
The Defendant’s Perspective
Recent Developments
Angus Macbeth
Sidley Austin LLP
1501 K Street, N.W.
Washington, DC 20005
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PAYMENT OF RESTORATION COSTS TO TRUSTEES
U.S. v. F/V North Wind (D. Haw. 2009)
In 2005, vessel ran aground in Hawaiian Islands National Wildlife Refuge (part of
Marine National Monument), discharge of oil and injury to reef.
$3.8 million covering trustee-sponsored restoration; Coast Guard response costs.
U.S. v. Puget Sound Energy (W.D.Wash. 2009)
1800 gal. spill of diesel fuel from facility in National Forest, flowed to ground,
groundwater, and creek.
NRD under OPA.
$50,000 for damage assessment costs; $513,000 for NRD. Trustees to develop and
implement plan for restoration, rehabilitation, or replacement of natural resources
injured by spill.
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Law Seminars International | Natural Resource Damages | 07/16/10 in Santa Fe, NM