Powerful Defenses and Exclusions to CERCLA Natural Resource Damages Claims

By Mathew Swain and Deborah Tellier

Third in a series, this article provides an analysis of four key defenses associated with natural resource damages suits under the Comprehensive Environmental Response, Compensation, and Liability Act: the ‘‘wholly before’’ 1980 defense; the statute of limitations; lack of standing for trustees to recover for injuries to private resources caused by releases of hazardous substances and, conversely, for private parties to recover for injuries to natural resources; and the failure of a trustee to provide notice of intent to sue.

Link to article PDF.

Related articles:

CERCLA’s Novel and Untested Defenses: Acts of God, Acts of War, Acts of Third Parties and Cultural Resource Damages

Resources
Bloomberg BNA Environmental Due Diligence Guide - PDF