The Use and Misuse of Science in Natural Resource Damage Assessment

The Use and Misuse of Science in Natural Resource Damage Assessment
Author: Gary S. Mauseth
Publisher:
Total Pages: 68
Release: 1995
Genre: Environmental impact analysis
ISBN:

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"The Natural Resource Damage Assessment (NRDA) process generally followed in federal cases is intended to determine and quantify injury and related damages resulting from a pollution event, such as an oil spill. This paper reviews and comments on the fundamental issues raised by recent NRDA experiences and suggests way in which the process can be significantly improved. The paper also reviews regulations developed by the Department of the Interior (DOI) and the draft regulation proposed by the National Oceanic and Atmospheric Administration (NOAA). Because NRDA is in large part fundamentally a scientific inquiry, the paper addresses the current difficulties, complexities, and constraints in applying the scientific method to real-time pollution events such as oil spills. In addition, these pollution events, in particular large oil spills, generate enormous public scrutiny, creating great political pressures on natural resource trustees and those named as responsible for the spill in determining natural resource damages based on uncertain data. A workable and reasonable NRDA result requires careful use of available scientific theory and information, which is frequently incomplete. The potential for resolution of NRDAs raises difficult issues of the proper use of science in the context of the confrontational process of litigation. Unfortunately, the NRDA process raises the prospect of the improper use of science-especially where data are not available or are inconclusive or scientific theory is not clearly established-as a tool of selective advocacy serving one side or another rather than the dispassionate search for truth. Various options for preventing the misuse of science are presented. The authors conclude that if the focus of all participants in the NRDA is the efficient and equitable determination of injury, damage and restoration of the environment where possible, the potential for misuse of science is minimized"--Abstract.

The Natural Resource Damage Assessment Deskbook

The Natural Resource Damage Assessment Deskbook
Author: Valerie Ann Lee
Publisher: Environmental Law Institute
Total Pages: 330
Release: 2002
Genre: Law
ISBN: 9781585760404

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This book provides a comprehensive survey of the law and techniques associated with the law, science, and economics involved in natural resource damage assessment. Written by experts in the field, this new deskbook is the most comprehensive and up-to-date analysis of the subject available. It thoroughly examines the framework for liability and the goals of the federal statutes providing a right of action for natural resource damages. Focus is maintained on the natural resource damage provisions of CERCLA; the Oil Pollution Act; the Clean Water Act; the Marine Protection, Sanctuaries, and Research Act; and the National Park System Resource Protection Act.

Natural Resource Damages

Natural Resource Damages
Author: John Daniel Ballbach
Publisher:
Total Pages: 236
Release: 1995
Genre: Law
ISBN:

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Natural Resource Damages

Natural Resource Damages
Author: Preston, Thorgrimson, Shidler, Gates & Ellis
Publisher:
Total Pages: 260
Release: 1993
Genre: Law
ISBN:

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This manual outlines the legal and regulatory framework surrounding natural resource damages claims. It provides comprehensive chapters on the common law origins of natural resource damage claims, statutory natural resource damage claims under federal law, CERCLA damage assessment regulations, and economic methodologies for valuing natural resource damages.

Natural Resource Damages

Natural Resource Damages
Author: Kevin M. Ward
Publisher: John Wiley & Sons
Total Pages: 728
Release: 1992
Genre: Law
ISBN:

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Liability for Damage to Public Natural Resources:Standing, Damage and Damage Assessment

Liability for Damage to Public Natural Resources:Standing, Damage and Damage Assessment
Author: Edward Brans
Publisher: Kluwer Law International B.V.
Total Pages: 480
Release: 2001-10-17
Genre: Law
ISBN: 9041117245

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This book focuses on liability for damage to those natural resources that are of interest to the public and are protected by national, European or international law. It provides an overview of the law of the United States and of certain EU Member States on the recovery of damages for injury to natural resources. The international civil liability conventions that cover environmental harm and the recently published European Commission's White Paper on environmental liability are also discussed. The on-going development in various international forums of treaties or protocols dealing with liability for environmental damage are analyzed, as are the principles developed by the UNEP Working Group established in response to the 1990 Gulf War to advise the UNCC on claims for damage to natural resources. The book addresses assessment and valuation issues, the issue of standing in cases of injury to (un)owned natural resources, and the determination of ways to repair, restore and compensate for natural resource injuries and the associated loss of ecological and human services. It also explains why such a difference exists between the US and most European jurisdictions and inter-national liability conventions as to the recovery of damages for injury to natural resources.

Natural Resource Damages for Hazardous Substances (Us Department of the Interior Regulation) (Doi) (2018 Edition)

Natural Resource Damages for Hazardous Substances (Us Department of the Interior Regulation) (Doi) (2018 Edition)
Author: The Law The Law Library
Publisher: Createspace Independent Publishing Platform
Total Pages: 24
Release: 2018-07-05
Genre:
ISBN: 9781722489199

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Natural Resource Damages for Hazardous Substances (US Department of the Interior Regulation) (DOI) (2018 Edition) The Law Library presents the complete text of the Natural Resource Damages for Hazardous Substances (US Department of the Interior Regulation) (DOI) (2018 Edition). Updated as of May 29, 2018 This final rule amends certain parts of the natural resource damage assessment regulations for hazardous substances. The regulations provide procedures that natural resource trustees may use to evaluate the need for and means of restoring, replacing, or acquiring the equivalent of public natural resources that are injured or destroyed as a result of releases of hazardous substances. The Department of the Interior has previously developed two types of natural resource damage assessment regulations: Standard procedures for simplified assessments requiring minimal field observation (the Type A Rule); and site-specific procedures for detailed assessments in individual cases (the Type B Rule). This book contains: - The complete text of the Natural Resource Damages for Hazardous Substances (US Department of the Interior Regulation) (DOI) (2018 Edition) - A table of contents with the page number of each section