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NATURAL RESOURCE DAMAGE ASSESSMENT

NATURAL RESOURCE DAMAGE ASSESSMENT. CPRA Meeting July 28, 2010. Presented By: Samuel W. Plauché Plauché & Stock, LLP Stephanie C. Morris Special Counsel Louisiana Oil Spill Coordinator’s Office Department of Public Safety. Role of the TSC.

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NATURAL RESOURCE DAMAGE ASSESSMENT

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  1. NATURAL RESOURCE DAMAGE ASSESSMENT CPRA Meeting July 28, 2010 Presented By:Samuel W. Plauché Plauché & Stock, LLP Stephanie C. Morris Special Counsel Louisiana Oil Spill Coordinator’s Office Department of Public Safety

  2. Role 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

  3. Cooperative 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

  4. Cooperative 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

  5. Cooperative 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

  6. Benefits • Rebuttable presumption • Funding • Cost Efficiencies • Restoration-focused • Information sharing

  7. Exiting the Cooperative Process • 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

  8. Proving 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?

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