Article by Charles B. Anderson
This Article provides an overview of the natural resource damage assessment process in the United States, including common-law theories of recovery and recovery of natural resource damages under the Clean Water Act, the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), and the Oil Pollution Act of 1990 (OPA-90). The Article also analyzes the leading cases dealing with the proper measure of damages for injury to natural resources and standards for assessment of such damages. New regulations promulgated by the Department of the Interior and the National Oceanic and Atmospheric Administration establishing rules for natural resource damage assessments under CERCLA and OPA-90 are also discussed, together with an analysis of potential future legal problems that may arise when the regulations are applied to spills of oil and releases of hazardous substances.
About the Author
Charles B. Anderson. Haight, Gardner, Holland & Knight, New York, New York.
Citation
72 Tul. L. Rev. 417 (1997)