Author: United States. Congress. House. Committee on Merchant Marine and Fisheries. Subcommittee on Fisheries and Wildlife Conservation and the Environment
This book provides a comprehensive survey of the law and techniques associated with the law, science, and economics involved in natural resource damage assessment. Written by experts in the field, this new deskbook is the most comprehensive and up-to-date analysis of the subject available. It thoroughly examines the framework for liability and the goals of the federal statutes providing a right of action for natural resource damages. Focus is maintained on the natural resource damage provisions of CERCLA; the Oil Pollution Act; the Clean Water Act; the Marine Protection, Sanctuaries, and Research Act; and the National Park System Resource Protection Act.
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.
On April 20, 2010, the Deepwater Horizon platform drilling the Macondo well in Mississippi Canyon Block 252 (DWH) exploded, killing 11 workers and injuring another 17. The DWH oil spill resulted in nearly 5 million barrels (approximately 200 million gallons) of crude oil spilling into the Gulf of Mexico (GoM). The full impacts of the spill on the GoM and the people who live and work there are unknown but expected to be considerable, and will be expressed over years to decades. In the short term, up to 80,000 square miles of the U.S. Exclusive Economic Zone (EEZ) were closed to fishing, resulting in loss of food, jobs and recreation. The DWH oil spill immediately triggered a process under the U.S. Oil Pollution Act of 1990 (OPA) to determine the extent and severity of the "injury" (defined as an observable or measurable adverse change in a natural resource or impairment of a natural resource service) to the public trust, known as the Natural Resources Damage Assessment (NRDA). The assessment, undertaken by the trustees (designated technical experts who act on behalf of the public and who are tasked with assessing the nature and extent of site-related contamination and impacts), requires: (1) quantifying the extent of damage; (2) developing, implementing, and monitoring restoration plans; and (3) seeking compensation for the costs of assessment and restoration from those deemed responsible for the injury. This interim report provides options for expanding the current effort to include the analysis of ecosystem services to help address the unprecedented scale of this spill in U.S. waters and the challenges it presents to those charged with undertaking the damage assessment.
This research deals with the increasingly complex issues of waste generation, waste management and waste disposal that in less developed industrialised countries present diverse but critical concerns. It takes a socio-economic and policy-oriented perspective and provides empirical evidence at EU and regional level. The EU and Italy are taken as relevant case studies given the disparities in environmental performances between less and more developed areas. The rich and various empirical evidence shows that a robust delinking between waste generation and economic growth is still not present, thus future policies should directly address the problem at the source by targeting waste generation in EU countries. Some structural factors like population density and urbanisation present themselves as relevant drivers of both waste management and landfill diversion. Nevertheless, economic and structural factors alone are not sufficient to improve waste performances. Though waste policies are to be redesigned by covering the entire area of waste management, some first signals of policy effectiveness are arising. This work will be of most interest to those students of environmental economics and environmental sciences, as well as policy makers, waste utility managers and companies in the waste management sector.
The first edition of this book was quickly acclaimed as the new leading text worldwide on the law and practice of pollution from ships. The second edition deals with a variety of developments since then in this fast-moving subject: the Erika and the Prestige; changes in international law on maritime safety and compensation; latest decisions on claims for compensation; analysis of the SCOPIC regime; new material on ports of refuge, transboundary movements, and pollution from offshore craft; latest cases and regulatory changes in the US; and enlarged chapters on enforcement of laws and criminal sanctions. Like its predecessor, the second edition is superbly indexed and written clearly with the needs in mind of a wide international readership.