ARTICLE
9 February 2018

Natural Resource Damages for the Entrepreneurial Practitioner: Innovations in NRD Assessment and Restoration

W
WilmerHale

Contributor

WilmerHale provides legal representation across a comprehensive range of practice areas critical to the success of its clients. With a staunch commitment to public service, the firm is a leader in pro bono representation. WilmerHale is 1,000 lawyers strong with 12 offices in the United States, Europe and Asia.
The natural resource damage assessment (NRDA) process has evolved since its inception in the late 1970s.
United States Environment

I. Introduction

The natural resource damage assessment (NRDA) process has evolved since its inception in the late 1970s. The innovations keep coming. In 2016, a third-party "credit banking" mechanism was used for the first time to settle natural resource damage (NRD) liability. The natural resource trustees (led by the National Oceanic and Atmospheric Administration (NOAA)), the City of Seattle (the potentially responsible party (PRP)), and a thirdparty environmental restoration group, negotiated a consent decree, under which the third party will carry out restoration projects that generate credits to be purchased by the City of Seattle to settle its NRD liability at the Lower Duwamish Waterway site in Washington State. These credits may also be acquired by other PRPs to resolve their own liability at the site.

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Originally published by the ABA's Superfund and Natural Resource Damages Litigation Committee Newsletter

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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