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CERCLA’s Unrecoverable Natural Resource Damages: Injuries to Cultural Resources and Services

3/9/2011 Articles

Confusion over what damages are recoverable as natural resource damages (NRD) under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) and other federal statutes abounds, giving credence to the oft-repeated phrase that "CERCLA is not a model of legislative clarity." Among other things, confusion appears in discussions among the Department of the Interior, legislators, and courts regarding the recoverability of cultural resource damages as NRD under CERCLA. But the statute and caselaw are clear. As demonstrated here, CERCLA establishes that injuries to cultural resources, no matter how they are described, are not recoverable as NRD.

Click here to read the full article.  Published in the Ecology Law Currents (2011).

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Trends Guest Editorial: Wildfires and Wineries

Link to the article in Gradient's Trends  Spring 2023 newsletter. Recurring wildfires in the Napa and Sonoma Counties of California have created a set of niche problems for the surrounding wineries, on top of...

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Wind Energy Project Approvals and Tax Credits Look To Outpace Macroeconomic and Supply Chain Headwinds in 2024

A snapshot of the renewable wind industry on October 31, 2023, captures many of the current challenges and opportunities for the industry and regulatory agencies heading into 2024.  That day, the world’s largest offshore...

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2024 Environmental & Energy, Mass Torts, and Products Liability Litigation Committees' Joint Regional CLE Program

Sarah Bell will moderate the panel "PFAS: Everything Everywhere All at Once"  at the American Bar Association's 2024 Environmental & Energy, Mass Torts, and Products Liability Litigation Committees' Joint Regional CLE Program. Session Overview: PFAS...

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Farella Lawyers Recognized in The Best Lawyers in America® 2024 Edition

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Farella Braun + Martel Earns 2024 Best Law Firms® Rankings

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Farella Braun + Martel Attorneys Named to 2023 Northern California Super Lawyers and Rising Stars

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Chris Locke Recognized for Jack London State Historic Park Pro Bono Work

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