Environmental Edge
August 13, 2021

Updated Guide to NRD Programs in All 50 States and Puerto Rico Published

Environmental Edge: Climate Change & Regulatory Insights

States may pursue natural resource damage (NRD) claims pursuant to key federal statutes or, in some cases, pursuant to independent state authority. Over the years, many states have played a critical role in the prosecution of NRD claims, either in conjunction with federal and tribal trustees, or wholly independently.  

Since 2006, Brian D. Israel, head of the Arnold & Porter Environmental Practice Group, has published an annual “State-by-State Guide to NRD Programs in All 50 States.” Since its initial publication, the Guide has been regularly updated and expanded to include Puerto Rico. The most recent update was released this week and includes a detailed description of over 225 NRD cases from across the country.  

As explained in the Guide, a large number of state NRD programs are fairly robust, and other states are expanding their NRD programs.  For example, one state—North Dakota—had no known NRD claims until 2015, with its first settlement filed in US District Court earlier this month. 

Here is the most recent Guide.

© Arnold & Porter Kaye Scholer LLP 2021 All Rights Reserved. This blog post is intended to be a general summary of the law and does not constitute legal advice. You should consult with counsel to determine applicable legal requirements in a specific fact situation.

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