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CERCLA Liability: Response Costs, NRDs, and State Law

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Title: CERCLA Liability: Response Costs, NRDs, and State Law


1
CERCLA LiabilityResponse Costs, NRDs, and State
Law
  • COURSE
  • Professor
  • Date

2
REVIEW CERCLA Damages Under 107
  • All response costs incurred by a government not
    inconsistent with the National Contingency Plan
    (NCP)
  • All other response costs that are consistent with
    the NCP
  • Natural resource damages
  • Health assessment and monitoring costs

3
California v. Neville Chemical Co.
Groundwater (and Soil) Contamination at CERCLA
Sites EPA diagram.
4
Natural Resources
  • Land, fish, wildlife, biota, water, ground water,
    drinking water supplies, and other such resources

5
Natural Resources Damages (NRDs)
  • AVAILABLE ONLY IF injured natural resources
    belong to, are managed by, are held in trust by,
    appertain to, or otherwise are controlled by
  • the United States
  • a State government
  • a local government
  • a foreign government
  • a Tribe

6
An NRD Example The Exxon Valdez Oil Spill
  • Captive Sea Otter 50,000
  • Sea Otter rehabilitation 40,000-90,000
  • Sea Otter transportation 1500-20,000
  • Killer Whale 50,000-100,000
  • Humpback Whale 100,000
  • White-Tailed Deer 125-500
  • Brown Bear 300-500
  • Eagle 22,000
  • Seagull 167
  • Information care of Exxon Valdez Trustee Council,
    http//www.oilspill.state.ak.us

7
Contingent Valuation
  • How much would you pay to purify a gallon of
    river water if
  • -- the water will be returned to the river and
    everything that lives in the river is already
    dead?
  • -- with just a little bit of purification, the
    river would support healthy populations of
    commercially valuable fish?
  • -- you have to drink that gallon of water when
    the cleanup is complete?

8
Contingent Valuation for the Exxon Valdez Spill
Contingent Valuation of Lost Passive Use Value
2.8 BILLION
9
Health Effects
from EPA, Draft Report on the Environment Fig
3-11 (2003)
10
Freier v. Westinghouse Electric Corp.
PRP LIABILITY
CERCLA 107 COSTS DAMAGES
STATE LAW LIABILITY


ALLOWED THROUGH CERCLAS SAVINGS CLAUSE
BUT Statute of limitations for state-law
actions begins on FRCD
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