CERCLA's Natural Resource Damage Provisions: What do We Know so Far?

August 1984
Citation:
14
ELR 10304
Issue
8
Author
Barry Breen

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.

Mr. Breen is Assistant to the General Counsel, Department of the Army; A.B., Princeton University; M.D., Harvard Law School. The views expressed in this Article are those of the author and do not necessarily represent the views of the Department of the Army or any other government agency. Mr. Breen is a participant in efforts in which the Secretary of the Army has implemented his responsibilities as a federal trustee of natural resources, including United States v. Shell Oil Co., ELR PEND. LIT. 65808 (D. Colo. complaint filed Dec. 9, 1983).

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CERCLA's Natural Resource Damage Provisions: What do We Know so Far?

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