natural resource damage assessment cpra meeting july 28, 2010 presented by: samuel w. plauché...

NATURAL RESOURCE NATURAL RESOURCE DAMAGE ASSESSMENTDAMAGE ASSESSMENT

CPRA MeetingCPRA MeetingJuly 28, 2010July 28, 2010

Presented By:Presented By:Samuel W. PlauchéSamuel W. PlauchéPlauché & Stock, LLPPlauché & Stock, LLP

Stephanie C. MorrisStephanie C. MorrisSpecial CounselSpecial Counsel

Louisiana Oil Spill Coordinator’s OfficeLouisiana Oil Spill Coordinator’s OfficeDepartment of Public SafetyDepartment of Public Safety

Role of the TSCRole of the TSC

The Trustee Steering Committee’s responsibilities currently include:

Day-to-day case management

Providing direction to the technical working groups

Planning assessment activities

Identifying restoration alternatives

Cooperative ProcessCooperative Process

OSPRA directs the state trustees to:

have “[p]articipation in all stages of the assessment process by the potentially responsible party, as is consistent with trustee responsibilities”

La. R.S. 30:2480

Cooperative ProcessCooperative Process

OSPRA regulations state, “trustees shall invite potentially responsible party to participate in:

The assessment process

Field investigation

Selection of assessment methods

Restoration planning

Post-assessment activities

La. Admin. Code 43:115

Cooperative ProcessCooperative Process

NOAA regulations state: “Trustee must invite the responsible parties to

participate in the natural resource damage assessment described in this part.”

15 C.F.R. Part 990.14

At a minimum, participation by RP includes:

• Notice of trustee determinations

• Notice and opportunity to comment on documents or plans that significantly affect the nature and extent of the assessment

15 C.F.R. Part 990.14

BenefitsBenefits

Rebuttable presumption

Funding

Cost Efficiencies

Restoration-focused

Information sharing

Exiting the Cooperative Exiting the Cooperative ProcessProcess

Pursuant to OSPRA regulations, the: “state trustee[s] may limit or terminate the participation of the

responsible party . . . when such participation is inconsistent with or in conflict with the responsibilities of the affected state trustees.”

La. Admin. Code 43:115

Pursuant to NOAA regulations, the: “[t]rustees may end participation by responsible parties who

. . . cause interference with the trustees’ ability to fulfill their responsibilities under OPA and this part.”

15 C.F.R. Part 990.14

Proving a ClaimProving a Claim Injury

• Are there injuries to natural resources under the State’s jurisdiction?

Causation• Were injuries caused by responsible parties release of oil or

hazardous substances, including those injuries that occurred as a result of response actions?

Damages• What is the value of the injury, including value of injured

resources, impairment of use of those resources, and costs of assessment?