Over the last 20 years, the complexity and cost of natural resource damages (NRD) cases has continued to grow. Recognizing this rapidly expanding area of the law, Natural Resource Damages: A Guide to Litigating and Resolving NRD Cases provides a guide for companies, attorneys, trustees, and consultants on how to value, litigate, and resolve these cases.With a combined 30 years of experience handling some of the largest and most complex NRD cases in the country, the book explores the jurisprudence, litigation strategy, and paths toward cost effective resolution of NRD matters. In addition, this valuable resource provides an annotated compilation of published caselaw, consent decrees, cooperative assessment agreements, administrative record submissions, and other materials. The authors provide a quantitative analysis of all key NRD settlements (under both CERLCA and OPA) to allow companies and trustees to properly assess their own cases in the context of prior results.

In addition, the authors discuss the NRD regime in the European Union, including a review of the similarities and differences of the EU and United States approaches to environmental damages.Table of Contents

Chapter 1: Introduction

Chapter 2: NRD Statutes and Regulations

Chapter 3: NRD Defenses: Legal, Evidentiary, and Procedural

Chapter 4: NRD Assessments: Regulatory Framework

Chapter 5: NRD Assessments: Valuation Methods

Chapter 6: Cooperative NRD Assessments: Strategy and Mechanics

Chapter 7: NRD Litigation: Strategy, Procedures, and Preparation

Chapter 8: NRD Restoration: A Strategic Perspective

Chapter 9: NRD Settlements

Chapter 10: Complex Situations and Novel Approaches

Chapter 11: The European NRD Regime

Appendix, Table of Cases, Index