ABSTRACT
The frustrating aspect to NRD issues is that the targets are unpredictable. Whereas only designated “trustee” agencies can initiate NRD claims, Federal trustees are becoming increasingly but sporadically active, and some states (e.g., California, New York, New Jersey, Ohio, Michigan, Colorado) are
becoming more active under both federal and parallel state law. In addition, Native American tribes are beginning to get involved and, in some instances, are the dominant interest parties. It should be noted that NRD targets are not limited to designated Superfund sites. Damage payment by a single party at an individual NRD site can approach or exceed $100M.
