Natural Resource Damages
In a world increasingly concerned about the protection and preservation of natural resources, all companies must be prepared to manage claims for Natural Resource Damages (NRD) that can result in the aftermath of environmental pollution and contamination.
Arnold & Porter Kaye Scholer offers one of the nation’s leading NRD practices, with unsurpassed experience in all phases of the site contamination life cycle – investigation, remedy, insurance, allocation, toxic tort, and NRD. We have been involved in major NRD cases across the country, including leading the defense of the Deepwater Horizon NRD matter.
We represent clients in all aspects of an NRD claim and in all types of NRD litigation: in cases arising from hazardous waste and other Superfund sites, spills and other discrete events, and regulatory challenges. We understand the valuation methodologies and critical scientific disciplines that confront a client during a complex NRD matter. Though we often litigate NRD matters successfully, we also know when cooperation with the government can be a more beneficial way to proceed. Even more importantly, we know how to implement a cooperative approach to avoid common pitfalls and achieve our clients’ objectives. When executed properly, the cooperative approach can obviate the need for time-consuming, expensive, and uncertain litigation.
Download the Natural Resource Damages chapter from Environmental Law Practice Guide: State and Federal Law.
Read and download a comprehensive guide to NRD programs in all 50 states.
Negotiated the consent decree to settle all federal and state environmental claims related to the Deepwater Horizon oil spill.
Lead counsel for large NRD claims across the country
Assisting the main PRP through a cooperative NRD assessment process and prepares legal defenses should they become necessary
Served as lead trial counsel for the United States in the well-known Montrose litigation, asserting massive natural resource damages off the coast of California due to the manufacture of DDT.