The Sixth Annual Advanced Conference on Litigating Natural Resource Damages

July 12-13, 2012
Santa Fe, New Mexico

Who Should Attend
In-house and private attorneys, consultants, corporate managers and governmental representatives, and others who are involved in natural resource damage claims

Why You Should Attend
Natural Resource Damages (NRD) litigation remains one of the most active and dynamic areas of environmental law. NRD statutory claims in courts across the United States, and associated state statutory and common law claims, present complex and evolving strategic and tactical issues for both natural resource trustees and potentially responsible parties. As case law defining NRD claims and defenses continue to develop, trustees and stakeholders have taken new approaches to both prosecuting and defending NRD claims, thereby advancing NRD practice.

What are the limits and nature of NRD claims? How will trustees use other statutes and common law claims to address recent federal and state NRD decisions? How can trustees and responsible parties best position themselves during the natural resource injury assessment process? What are the most effective (and least effective) NRD claims and defenses? How are NRD injuries measured and monetized? How can trustees and responsible parties engage in a cooperative assessment dialogue and productive settlement process? What are the best strategies and tactics to handle large, complex NRD litigation?

What You Will Learn

  • Changing trustee perspectives
  • Responsible party perspectives
  • Recent case law on the most effective defenses
  • Myths and realities of baseline
  • NRD claims under the "other" [Non-CERCLA] statutes
  • New ideas about estimating damages
  • Best practices for resolving NRD claims and suits
  • Overlapping trusteeships: State and tribal perspective on the future of NRD claims
  • Theoretical and practical implications of the "Wholly Before 1980" provision
  • Bringing an NRD case to trial
  • Integration of remediation and NRD: Is It a good idea?

Meet the Speakers

Brian D. Israel
Arnold & Porter
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