Restoration of Injured Natural Resources PDF Download

Author:
Publisher:
ISBN:
Category : Government publications
Languages : en
Pages : 2

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Author:
Publisher: Government Printing Office
ISBN:
Category :
Languages : en
Pages : 114

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Author: United States. National Oceanic and Atmospheric Administration
Publisher:
ISBN:
Category :
Languages : en
Pages :

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Author: Edward Brans
Publisher: Kluwer Law International B.V.
ISBN: 9041117245
Category : Law
Languages : en
Pages : 480

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This book focuses on liability for damage to those natural resources that are of interest to the public and are protected by national, European or international law. It provides an overview of the law of the United States and of certain EU Member States on the recovery of damages for injury to natural resources. The international civil liability conventions that cover environmental harm and the recently published European Commission's White Paper on environmental liability are also discussed. The on-going development in various international forums of treaties or protocols dealing with liability for environmental damage are analyzed, as are the principles developed by the UNEP Working Group established in response to the 1990 Gulf War to advise the UNCC on claims for damage to natural resources. The book addresses assessment and valuation issues, the issue of standing in cases of injury to (un)owned natural resources, and the determination of ways to repair, restore and compensate for natural resource injuries and the associated loss of ecological and human services. It also explains why such a difference exists between the US and most European jurisdictions and inter-national liability conventions as to the recovery of damages for injury to natural resources.

Author: Allan Kanner
Publisher:
ISBN:
Category :
Languages : en
Pages : 0

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Public trustees at the state, federal, and tribal level are tasked with ensuring that those responsible for destroying or damaging natural resources sufficiently compensate the public for its loss. Those trustees have the fiduciary duty to maintain and restore the natural resources within the public trust. Since the late 1980s, a consensus has formed around a set of guiding principles and best practices in natural resource damage restoration. Public trustees now agree that in order to fully compensate the public for its loss, restoration of a destroyed or damaged resource is preferable to an award of money damages. Natural resource restoration requires that the injured natural resources be restored to their uncontaminated condition or replaced with equivalent resources, for example when new wetlands are created to replace former wetlands damaged or destroyed by pollution. Public trustees also use certain methodologies, such as resource and habitat equivalency analyses, to determine other components of the public's loss due to the destruction or damage to its natural resources by polluters. Both principles require polluters to compensate the public for its lost resources by providing restored or additional natural resources. Beyond a set of essential public trust principles and best practices, however, public trustees have considerable discretion in carrying out their fiduciary duties and in achieving their mission of conserving, replenishing, and restoring the natural resources in their care. This Article explores these important developments in natural resource restoration law as well as the interplay between public trustees' legal duties and their discretion to determine how best to carry out those duties when conserving and restoring natural resources.

Author: United States United States Department of the Interior
Publisher: CreateSpace
ISBN: 9781511705639
Category :
Languages : en
Pages : 108

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This Handbook provides guidance and policy that the U.S. Department of the Interior (DOI) Bureau of Land Management (BLM) personnel should follow when undertaking Natural Resource Damage Assessment and Restoration (NRDAR) activities. The BLM is responsible for sustaining the health, diversity, and productivity of the BLM-managed land under its jurisdiction for the use and enjoyment of present and future generations. The Federal Land Policy and Management Act (FLPMA) of 1976, Public Law 94-579, (43 U.S.C. 1701 et seq.) requires that the BLM provide the public the opportunity to use and appreciate significant cultural and natural resources while protecting and conserving them (FLPMA; 135 Departmental Manual 1, 1.3, A-D). Pursuant to these responsibilities, the resource management goals of the BLM are to maintain the health of the land and, to the best of its ability, to restore or replace resources that are harmed by pollution. The authorities and process of NRDAR are very useful tools for the BLM to use in accomplishing these resource stewardship responsibilities. The NRDAR authorities enable the BLM to seek compensation for restoration of injured resources (see Definitions and Terminology, Section 1.3) from the potentially responsible party (PRP) to fund restoration, but NRDAR injury assessment and restoration planning steps also can be a part of the BLM site activities that are funded by the BLM.

Author: Preston, Thorgrimson, Shidler, Gates & Ellis
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 260

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This manual outlines the legal and regulatory framework surrounding natural resource damages claims. It provides comprehensive chapters on the common law origins of natural resource damage claims, statutory natural resource damage claims under federal law, CERCLA damage assessment regulations, and economic methodologies for valuing natural resource damages.

Author:
Publisher:
ISBN:
Category : Coastal ecology
Languages : en
Pages : 24

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Author: U. S. Department Of Interior
Publisher: Createspace Independent Publishing Platform
ISBN: 9781542853514
Category :
Languages : en
Pages : 108

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Book Description
This Handbook provides guidance and policy that the U.S. Department of the Interior (DOI) Bureau of Land Management (BLM) personnel should follow when undertaking Natural Resource Damage Assessment and Restoration (NRDAR) activities. The BLM is responsible for sustaining the health, diversity, and productivity of the BLM-managed land under its jurisdiction for the use and enjoyment of present and future generations. The Federal Land Policy and Management Act (FLPMA) of 1976, Public Law 94-579, (43 U.S.C. 1701 et seq.) requires that the BLM provide the public the opportunity to use and appreciate significant cultural and natural resources while protecting and conserving them (FLPMA; 135 Departmental Manual 1, 1.3, A-D). Pursuant to these responsibilities, the resource management goals of the BLM are to maintain the health of the land and, to the best of its ability, to restore or replace resources that are harmed by pollution. The authorities and process of NRDAR are very useful tools for the BLM to use in accomplishing these resource stewardship responsibilities. The NRDAR authorities enable the BLM to seek compensation for restoration of injured resources (see Definitions and Terminology, Section 1.3) from the potentially responsible party (PRP) to fund restoration, but NRDAR injury assessment and restoration planning steps also can be a part of the BLM site activities that are funded by the BLM.

Author: Kristina Alexander
Publisher: DIANE Publishing
ISBN: 1437940250
Category : Technology & Engineering
Languages : en
Pages : 18

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Book Description
This is a print on demand edition of a hard to find publication. The 2010 Deepwater Horizon oil spill leaked an estimated 4.1 million barrels of oil into the Gulf of Mexico, damaging the waters, shores, and marshes, and the fish and wildlife that live there. There is a process for assessing the damages to those natural resources and assigning responsibility for restoration to the parties responsible. BP was named the responsible party for the spill. The process allows Trustees of affected states and the fed. gov¿t. to determine the levels of harm and the appropriate remedies. Contents of this report: (1) Intro.: Statutory Authority; Trustees; Covered Natural Resources; Determination of Damages; (2) How the Process Works; (3) Restoration Options; Oil Spill Liability Trust Fund; Settlement vs. Litigation. Illus.