Natural Resource Damages

Understanding Statutory Authority and Trustee Oversight

Natural Resource Damages claims are authorized under several federal and state statutes, each establishing trustee authority and recovery procedures.
Our lawyers interpret and apply these statutes to guide clients through administrative and judicial proceedings involving NRD assessments and settlements.

Key U.S. federal laws include:

• - Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)

- Oil Pollution Act (OPA)

- Clean Water Act (CWA)

- Clean Air Act (CAA)

- National Marine Sanctuaries Act (NMSA)

We also advise clients on state-level NRD statutes and regulations, which often expand recovery rights or establish additional trustee powers.

Evaluating Environmental Impact and Determining Liability

The Natural Resource Damages assessment process (NRDA) is designed to quantify injury, determine restoration costs, and allocate responsibility.
Our lawyers collaborate with environmental scientists, economists, and technical experts to evaluate causation and damages methodology.

The NRDA process typically includes:

1. 1. Pre-assessment phase – determining whether an incident warrants investigation.

2. Assessment phase – evaluating resource injuries, quantifying service losses, and proposing restoration actions.

3. Restoration planning – implementing and monitoring projects to return resources to baseline conditions.

We guide clients through each phase, ensuring that data collection, documentation, and communication align with regulatory expectations and legal defenses.

Managing Financial Exposure in Natural Resource Damages Claims

Companies facing Natural Resource Damages claims must address liability, coverage, and financial reporting issues.
We advise on potential exposure under joint and several liability doctrines, as well as opportunities for contribution or indemnification from other potentially responsible parties (PRPs).

Our insurance lawyers review environmental and general liability policies to identify coverage opportunities for defense costs and restoration obligations.
We also assist in negotiating settlements with insurers and trustees to minimize long-term financial impacts.

Defending Clients in Complex, Multi-Party Environmental Disputes

Litigation involving Natural Resource Damages often spans multiple defendants, decades of contamination, and evolving legal theories.
Our lawyers have extensive experience representing clients in administrative hearings, federal courts, and negotiated settlements.

We manage cases involving industrial sites, refineries, ports, pipelines, and chemical facilities.
Our team works with scientific experts to challenge damage models, evaluate restoration feasibility, and contest unjustified claims.

We also handle enforcement actions initiated by federal or state attorneys general, coordinating parallel proceedings under CERCLA and OPA.

Developing Practical, Science-Based Environmental Solutions

When restoration is required, our Natural Resource Damages team helps clients design cost-effective, scientifically sound plans that satisfy both regulatory and community expectations.

We draft and negotiate consent decrees, memoranda of understanding, and cooperative agreements to formalize commitments between responsible parties and trustees.

Our lawyers coordinate with technical consultants to ensure that projects restore ecological function while controlling cost and schedule.
We also assist in structuring crediting systems that allow restoration investments to offset liability under multiple statutes.

Applying Scientific and Economic Methods to Determine Restoration Value

The calculation of Natural Resource Damages involves complex valuation models that measure the “lost use” and “service reduction” of natural resources.
We work with environmental economists to apply appropriate methodologies, such as:

• - Habitat Equivalency Analysis (HEA)

- Resource Equivalency Analysis (REA)

- Contingent valuation and cost-benefit modeling

Our lawyers translate these technical analyses into clear, defensible legal arguments, ensuring that damage claims remain scientifically justified and legally sustainable.

Resolving Overlapping Liabilities Across Complex Contamination Sites

Many Natural Resource Damages claims involve multiple sources or historic contamination.
We assist clients in coordinating with co-defendants, negotiating cost-sharing agreements, and managing joint defense groups.

Our lawyers also advise on cross-site settlement strategies for facilities operating in clusters or industrial corridors, reducing duplicative claims and fostering cooperative remediation efforts.
These coordinated strategies often yield faster, more efficient resolutions.

Balancing Overlapping Jurisdictions in Environmental Restoration

Jurisdictional overlap is a defining challenge of Natural Resource Damages law.
We represent clients in negotiations involving federal agencies, state trustees, and tribal governments.

Our lawyers help align restoration efforts with tribal sovereignty and cultural resource protection, ensuring that all parties’ interests are respected.
We also advise on consultation procedures under the National Historic Preservation Act (NHPA) and Executive Order 13175 on tribal consultation.

Integrating Natural Resource Damages into Broader Sustainability Strategy

Increasingly, Natural Resource Damages issues intersect with ESG reporting, sustainability planning, and climate resilience.
We help companies incorporate NRD risk management into their ESG frameworks, linking restoration outcomes to measurable sustainability goals.

Our team advises on natural capital accounting, biodiversity crediting, and climate adaptation funding.
By treating restoration as both a compliance obligation and a corporate sustainability opportunity, clients can turn environmental risk into long-term strategic value.

Anticipating Future Legal, Scientific, and Policy Developments

Regulators are expanding NRD enforcement beyond traditional industrial pollution.
New focus areas include PFAS contamination, carbon sequestration projects, and offshore wind development impacts.

Our Natural Resource Damages team monitors evolving case law, federal rulemaking, and state initiatives to keep clients ahead of enforcement trends.
We also advise on integrating emerging technologies such as environmental DNA (eDNA) and remote sensing in compliance documentation.

Building Internal Capacity to Manage Natural Resource Damages Risk

Proactive compliance reduces the likelihood of NRD liability.
We design training programs and audit protocols that help clients identify potential risks before incidents occur.

Our lawyers assist environmental and operations teams in developing incident response plans, maintaining accurate monitoring records, and documenting mitigation measures.
This preventive approach demonstrates good faith to regulators and supports favorable outcomes in the event of future claims.

Scientific Insight. Legal Strength. Strategic Resolution.

At SJKP LLP, our Natural Resource Damages practice combines environmental science with legal advocacy to achieve balanced, defensible outcomes.
We help clients quantify risk, reduce liability, and implement meaningful restoration projects that align with both regulatory requirements and corporate values.
Whether advising on litigation, consent decrees, or ESG integration, we stand at the intersection of law, policy, and science—helping clients restore the environment while protecting their business interests.