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.
Based upon the authors' 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
Sprache
Verlagsort
Dateigröße
ISBN-13
978-1-64105-439-3 (9781641054393)
Schweitzer Klassifikation
Brian D. Israel is the chair of the Environmental Practice Group at Arnold & Porter and is a partner in the firm's Washington, D.C., office. Mr. Israel's practice focuses broadly on environmental litigation and counseling, and he is one of the nation's leading lawyers for Natural Resource Damages (NRD) claims. Mr. Israel is lead counsel to BP in relation to the Deepwater Horizon NRD claim; he was also one of the trial attorneys at the Deepwater Horizon Clean Water Act penalty trial. Mr. Israel represents several Fortune 500 companies in some of the largest and most complex NRD matters across the country. He also represents clients in regulatory enforcement matters and contaminated properties, including toxic tort lawsuits.
Mr. Israel has spoken and written extensively about environmental law issues, including NRD, and he serves as co-chair of the annual NRD conference hosted by Law Seminars International. In 2017, he was recognized as an Energy & Environmental Trailblazer by the National Law Journal. Prior to joining Arnold & Porter, Mr. Israel was an honors trial attorney in the Environmental Enforcement Section of the U.S. Department of Justice, where he handled several high-profile environmental cases, including a large NRD claim related to the impacts of DDT disposal. In 1998, Mr. Israel was awarded the Distinguished Service Award for his accomplishments in a Clean Air Act jury trial. Mr. Israel received his BA in environmental philosophy from New College, University of South Florida, in 1991, and received his JD from New York University in 1995, where he graduated cum laude.
