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

Brian D. Israel is the chair of the Environmental Practice Group at Arnold & Porter and is a partner in the firm’s Washington, D.C., office. Mr. Israel’s practice focuses broadly on environmental litigation and counseling, and he is one of the nation’s leading lawyers for Natural Resource Damages (NRD) claims. Mr. Israel is lead counsel to BP in relation to the Deepwater Horizon NRD claim; he was also one of the trial attorneys at the Deepwater Horizon Clean Water Act penalty trial. Mr. Israel represents several Fortune 500 companies in some of the largest and most complex NRD matters across the country. He also represents clients in regulatory enforcement matters and contaminated properties, including toxic tort lawsuits.

Mr. Israel has spoken and written extensively about environmental law issues, including NRD, and he serves as co-chair of the annual NRD conference hosted by Law Seminars International. In 2017, he was recognized as an Energy & Environmental Trailblazer by the National Law Journal. Prior to joining Arnold & Porter, Mr. Israel was an honors trial attorney in the Environmental Enforcement Section of the U.S. Department of Justice, where he handled several high-profile environmental cases, including a large NRD claim related to the impacts of DDT disposal. In 1998, Mr. Israel was awarded the Distinguished Service Award for his accomplishments in a Clean Air Act jury trial. Mr. Israel received his BA in environmental philosophy from New College, University of South Florida, in 1991, and received his JD from New York University in 1995, where he graduated cum laude.

Brett Marston is a senior associate in the Washington, D.C., office of Arnold & Porter and focuses his practice on all aspects of environmental enforcement and counseling, including contaminated site remediation, NRD, and regulatory counseling and litigation under CERCLA, OPA, CWA, the Clean Air Act, and other state and federal environmental statutes. He has extensive experience with aspects of environmental liability related to property transactions. In addition, Mr. Marston also has experience with litigation under the Administrative Procedure Act.

Mr. Marston received his AB with First Honor (valedictorian) from Davidson College in 1994, and he earned his MA and MPhil degrees in political science from Yale University in 2007. He graduated magna cum laude and Order of the Coif from Georgetown University Law Center in 2009, where he served as editor in chief for the Georgetown International Environmental Law Review.

Lauren Daniel is a senior associate in Arnold & Porter’s Washington, D.C., office and handles a wide range of environmental disputes, including actions under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA); the Oil Pollution Act (OPA); the Clean Water Act (CWA); and a variety of state environmental laws. Ms. Daniel has particular expertise in NRD litigation and cost recovery and contribution actions under these statutes. In addition, Ms. Daniel helps advise clients with respect to a variety of environmental regulatory, permitting, and enforcement issues under various federal and state environmental statutes, with a focus on environmental remediation issues.

Ms. Daniel currently serves currently serves as co-chair of the American Bar Association Committee on Superfund and Natural Resource Damages Litigation. She graduated cum laude from Claremont McKenna College in 2008, where she received a BA in philosophy and international relations and was awarded departmental honors in both philosophy and government. Ms. Daniel received her JD from Columbia Law School in 2012, where she was a Harlan Fiske Stone Scholar, the recipient of the 2012 Alfred A. Forsyth Prize for Qualities of Intellect and Self Dedication to the Advancement of Environmental Law, and acted as president of the Columbia Environmental Law Society.