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A Decade of Natural Resource Damage Liability: Key Federal Decisions 2004-2014

October 2014

Citation: 44 ELR 10868

Issue: 10

Author: Barbara J. Goldsmith, Tara Waikem Flynn, and Tara Franey

The past 30 years have seen a slow appearance and evolution of natural resource damage (NRD) related case law. The range of information resulting from the various decisions issued in the past decade may be useful to legal practitioners, particularly relative to defining NRD liability, guiding procedural actions, and resolving liability claims. This Comment focuses on federal judicial opinions that were issued during the period 2004-2014 under CERCLA and OPA, as those are the principal federal statutes under which opinions have been issued.

Barbara J. Goldsmith is President of Barbara J. Goldsmith & Company LLC and Director of the Ad-Hoc Industry Natural Resource Management Group. Tara Waikem Flynn serves as Projects Counsel at Barbara J. Goldsmith & Company LLC, and Tara Franey is a Projects Associate at Barbara J. Goldsmith & Company LLC.

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