Publications & News

Natural Resource Damages for the Entrepreneurial Practitioner: Innovations in NRD Assessment and Restoration

February 8, 2018

By Rachel Jacobson, Nathaniel B. Custer

An article written by Rachel Jacobson, Nathaniel Custer and Mark Hanin, published by the ABA's Superfund and Natural Resource Damages Litigation Committee Newsletter, Vol. 13, No. 1, discusses a recent innovation in the natural resource damage assessment process. The new approach created a third-party credit-banking mechanism, memorialized in a consent decree, under which a third-party carries out restoration projects that generate credits purchasable by the City of Seattle to settle its liability at the Lower Duwamish Waterway site in Washington State. Other potentially responsible parties can also purchase credits to resolve their liability at the site.