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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?
