ABSTRACT
Companies associated with long-term aquatic sediment contamination may be most vulnerable to natural resource damage (NRD) claims. Thus, it is critical for large-scale environmental restoration sites to take NRD potential into account during the baseline engineering study development. In effect, an organization can follow two strategies: either lie back and wait or be proactive. The advantages of a proactive approach are that advance planning keeps transaction costs down and reduces ultimate NRD liability exposure. Various strategies are available for dealing with and mitigating NRD claims. A combination of approaches can be used to resolve NRD problems, but most of these strategies are associated with the timing or phasing of resource restoration or enhancement initiatives as part of cleanup operations. Any official agreement for site cleanup should attempt to include an explicit release from possible future NRD claims. Major tests must be demonstrated by a trustee to recover for resource damages.
