American Bar Association Natural Resource Damages: A Guide to Litigating and Resolving NRD 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