CERCLA's Natural Resource Damage Provisions: What do We Know so Far?
Editors' Summary: Recent months have brought a flurry of natural resource damage recovery actions under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). As it also failed to do with other CERCLA provisions, Congress did not provide clear guidance on a number of critical issues in natural resource damage recovery. Mr. Breen, an attorney involved in a major CERCLA natural resource damage action, outlines the status of the law at present. He charts a course around the obstacles to bringing an action and analyzes the central question of the measure of damages allowed by the Act. He argues that CERCLA allows, at a minimum, recovery of the full cost of restoring damaged natural resources.