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Natural resource damages

Quapaw Tribe of Okla. v. Blue Tee Corp.

A district court held that the state of Oklahoma is not an indispensable party in a Native American tribe's action for natural resources damages against the successor entities of mining companies that operated in the former Tri-State...

The Business Dilemma: 21st Century Natural Resource Damage Liabilities for 20th Century Industrial Progress

Throughout recorded time, many have attempted to rewrite history to soften the harsh realities of the "good old days." Without question, hindsight remains 20/20 in reflecting upon how this country's modern, industrialized enterprises...

Implications of Proposed CERCLA Reforms for Recoveries of Natural Resource Damages

Debate over reforms to the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)1 consumed substantial energy during the 1997 session of Congress, and those deliberations will continue...

National Ass'n of Mfrs. v. Department of the Interior

The court holds that a U.S. Department of the Interior (DOI) rule concerning natural resource damage (NRD) assessments under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) does not violate the...

Reforming CERCLA's Natural Resource Damage Provisions: A Challenge to the 105th Congress from the Clinton Administration

The Comprehensive Emergency Response, Compensation, and Liability Act (CERCLA) authorizes designated trustees1 to recover damages2 for injury to natural resources3...

Natural Resources Damages Under CERCLA §107: How the Liability Rules Differ Between Actions for Natural Resource Damages and Response Costs

Editors' Summary: CERCLA § 107 is perhaps best known as creating a cause of action for the recovery of costs incurred in responding to releases of hazardous substances. Recently, however, federal and state governments have used it...

Natural Resource Damages From Oil Spills: A Comparison of the Ohio Decision and the Oil Pollution Act

Editors' Summary: The subject of natural resource damages continues to become ever more prominent. Congress' 1990 enactment of the Oil Pollution Act with a strong provision on causes of action for natural resource damages, combined...