Natural Resource Damages Assessment (NRDA)

Natural resource injuries may occur at sites as a result of releases of hazardous substances or oil, and other human activities.  Trustees use the NRDA process to assess injury to natural resources held in the public trust. This is an initial step toward restoring injured resources and services and toward compensating the public for their loss.  Federal, state and tribal officials are involved at all levels, as trustees or playing other important roles.  Lee and Associates attorneys have been involved in some of the highest profile NRDA cases throughout the US.  Counsel are seasoned in building NRDAs, facilitating negotiations involving collaborative assessments and reaching favorable settlements for clients. Lee and Associates can assist in creating interagency agreements among trustees and help facilitate communication to ensure a consistent approach among state and federal regulators.

REPRESENTATIVE NRDA CASES

Natural Resource Damage Assessment.  Provided legal support regarding an injury determination and restoration plan for a major oil refinery in TX. Assisted with the negotiations between two refining companies and the trustees involved in the potential NRDA  Negotiated portions of the injury determination dealing with potential injuries to flora and fauna in the area, including threatened and endangered species.  Provided support for a cost allocation that resulted in a settlement among the parties and early restoration efforts.

Litigation of CERCLA/RCRA Matter on behalf of Chevron. Assisted in the litigation of U.S. v Stringfellow, one of the largest CERCLA/RCRA cases in history involving more than 500 defendants and hundreds of millions of dollars in cleanup costs. Lee and Associates attorney researched and prepared memorandum regarding liability under CERCLA and RCRA, assisted in cost documentation, took deposition testimony, and provided legal advice to client.

Natural Resource Damage Assessment: Apex Houston.  Managed experts to determine injuries from an oil spill spill and oversaw the preparation of expert reports. Oversaw the development of a ground-breaking natural resource injury assessment and restoration plan that is currently being implemented with settlement funds by state and federal government. Defended and took expert depositions as well as those of fact witnesses. Experts provided advice on a variety of topics including oil spill trajectory modeling, toxic effects of oil on wildlife, causes of the spill from the vessel, natural resource economics and sensitivity of various species to oil.

Natural Resource Damage Assessment: Shell Martinez Refinery Spill. A Lee and Associates attorney coordinated and managed joint enforcement teams involving numerous agency attorneys and many government experts. On behalf of the government, conducted an investigation of Shell’s Spill Prevention Countermeasure and Control (SPCC) plans and actions that gave rise to the spill. Conducted extensive interviews of Shell personnel and lengthy document review to determine compliance with regulations. On behalf of the United States negotiated a $20 million dollar settlement, involving penalties for SPCC violations and natural resource damages which, prior to Exxon Valdez, was the largest single recovery by the United States for both SPCC penalties and natural resource damages.

Natural Resource Damage Assessment Training Courses.  Provided technical assistance regarding the development of natural resource laws and advice concerning case development for natural resource damage cases in Central and South America. Developed, edited and translated training materials for Natural Resource Damages and Environmental Enforcement Workshops in Costa Rica, Honduras, and Brazil. Conducted training internationally educating judges, lawyers, agency personnel and environmental scientists regarding the development of environmental statutes and regulations, enforcement mechanisms necessary for response to hazardous waste contamination and guidance on steps necessary for managing environmental protection.