From Liability to abetterplace/now!


Streamlining the NRD Process It is abetterplace/now!^SM Under this trademark, O'Brien & Gere designs and implements habitat improvements and environmental benefits projects to address client liabilities. This approach avoids unproductive studies and regulatory debates, and channels savings into remedies recognized by communities and regulators as having immediate, direct, and lasting environmental value. What and Why Natural Resource Damages (NRD) are elements of the CERCLA* regulations that address impacts to wildlife and habitat caused by chemical releases. The NRD process is independent of the Remedial Investigation/Feasibility Study and subsequent remedial action. Implementing a remedial action specified in a Record of Decision (ROD) does not absolve or protect the potentially responsible party (PRP) from future NRD actions. The Phases NRD has two phases, (1) a NRD Assessment (NRDA) for identification of past and future impacts and lost uses, and (2) a NRD Claim (NRDC) to identify the cost of restoring damages to pre-injury conditions. Impacts not addressed by the restoration, and government administrative and transactional costs, are demanded as a cash payment. Usually the PRP does not participate in assessment or restoration; but simply pays. NRDCs can range from $50K to millions of dollars. * Comprehensive Environmental Response, Compensation, and Liability Act

Why Make it Complicated? Limitations and criticisms of NRD have included the “secrecy” of the process, subjectivity of methods, and ultimate uses of funds recovered from PRPs. While all CERCLA sites are subject to NRD liability, few have actually seen NRD restorations, primarily due to the complicated process. Nevertheless, NRDCs are considered a major liability, and several states have developed programs and are actively pursuing claims. The regulators recognize the shortcomings of the NRD process, and are open to new ideas. Recently, PRPs have become involved through a “cooperative assessment,” which focuses on identifying goals common to both sides of the table. This speeds up the NRD process by reducing the level of confrontation and litigation between PRPs and trustees.		abetterplace/now!^SM As opposed to focusing on strict dollar claims or removing low-level residues, regulators are considering PRP implementation of “in kind” remedies or “environmental benefit” projects such as the creation of wildlife habitats or parks. O’Brien & Gere has designed and implemented natural resource remedies and mitigation programs in a wide range of terrestrial and aquatic habitats. Based on experience in the CERCLA and NRDA processes, O’Brien & Gere advocates that clients proactively address potential liabilities by participating in NRD cooperative assessments. O’Brien & Gere welcomes the opportunity to complete an evaluation of your potential NRD or other natural resource liabilities, identifying proactive restoration and mitigation approaches to turn those NRD liabilities into abetterplace/now!^SM