Environment International Ltd.

Leading one- and two-day natural resource damage assessment (NRDA) workshops for a variety of audiences including federal, state and local regulators; tribes; private companies and consultants. The course is based on the Natural Resource Damage Assessment Handbook: A Legal and Technical Analysis, authored by Environment International (EI), and covers a comprehensive overview of regulations and assessment criteria. The course reviews the five major NRDA acts. Additionally, EI covers the scientific and economic assessment techniques required to determine the extent of injury, monetize damages, and implement successful restoration techniques.*top

Natural Resource Damage Assessment for the Exxon Valdez Oil Spill, Alaska

Analyzed injury data for the natural resource damage assessment conducted in the aftermath of the 1989 Exxon Valdez oil spill in Alaska. Also reviewed information regarding restoration projects to assist federal and state agencies including NOAA and US Fish and Wildlife Service in the restoration planning process. *top

Investigation of Status of Eastern Bering Sea Fur Seal Population, Alaska

For the Marine Mammal Commission, investigated the status of the eastern Bering Sea fur seal population. Predicted future population trends under the effects of fisheries and the seal harvest on St. Paul Island (Pribilofs). Study involved fieldwork on the Pribilofs and the use of simulation models developed for the project. *top

Cooperative Natural Resource Damage Assessment for the Shell Martinez Refinery Spill, California

Coordinated and facilitated meetings attended by representatives of local, state and federal agencies, including trustees, to develop a plan to assess natural resource injuries from an oil spill and to reach a consensus regarding injuries caused by the spill and restoration plans. Meetings were held once to twice per month for nine months. On most occasions, over 20 individuals participated in the meetings. Despite the different missions and interests of the participants, the group reached consensus regarding the injuries to the resource, the value of damages, and the projects that should be undertaken with settlement funds. The restoration plan developed has been achieved with positive public acclaim. *top

Preassessment Screen, PRP Search and Damage Estimation Related to Acid Rock Drainage at Mining Site, California and Oregon

Conducted a draft preassessment screen for a potential NRDA for the Forest Service at a mining site along the California and Oregon border at which there are potential impacts to fish resources and water quality from acid rock drainage. Reviewed historical documents and conducted site visits to determine if natural resources at the site have been injured, and identified potentially responsible parties. Analyzed site data with respect to CERCLA criteria to identify if injuries to natural resources had occurred, estimate the extent of injuries and determine if there is a reasonable possibility that natural resource damages can be recovered by Forest Service and other potential trustees of the site. Also conducted a preliminary estimate of damages. *top

Natural Resource Damage Assessment for the Santa Clara River Spill, California

Provided support services to the State of California for matters related to natural resource damages. Facilitated and managed teams of expert scientists from a variety of disciplines including statistics, ichthyology, ecology and ornithology to develop study plans to determine injuries from oil pollution in terrestrial and aquatic habitats and strategies to restore such injuries. EI scientists also provided technical advice and expert support for matters related to natural resource injury determination and policy development under relevant federal and state law. *top

Natural Resource Damage Assessment for an Oil Spill, California

Facilitated and managed teams of expert scientists from a variety of disciplines to develop study plans to determine injuries from oil pollution in terrestrial and aquatic habitats. In addition, facilitated expert scientists in the development of strategies for restoration of spill injuries. Provided technical advice in such areas as natural resource injury determination and policy development under relevant federal and state law. *top

Natural Resource Damage Assessment in the San Francisco Bay Delta Estuary, California

Coordinated and facilitated meetings attended by representatives of local, state and federal parties who were co-plaintiffs in a natural resource damage lawsuit brought under the Clean Water Act and various state statutes related to water and natural resource protection. The purpose of the process was to develop a plan to assess natural resource injuries from an oil spill, reach consensus regarding injuries caused by the spill and, armed with this information, develop plans to mitigate the effects of the spill and restore the injuries to the ecosystem. The restoration plan included wetlands restoration and revitalization. Despite the different missions and interests of the participants, the plaintiff group reached consensus regarding the injuries to the resource, the value of these damages and the projects that should be undertaken with settlement funds. The structure that was created in the course of the consensus-building process has been followed by federal and state resource trustees and the restoration plan developed received positive public acclaim. *top

Natural Resource Damage Assessment, California

Provided advice and support for a natural resource damage assessment involving contamination caused by an oil field along the central California coast. Provided advice regarding pathways of exposure for wildlife and study design for injury determinations with respect to the snowy plover, an endangered species. Also provided advice regarding restoration alternatives for the plover and possible approaches to restoration planning. *top

Natural Resource Damage Assessment at the Montrose Chemical Superfund Site, California

EI scientists provided technical assistance as principal investigators for the injury determination/natural resource damage assessment at this Superfund site. Designed and implemented a computerized simulation model and a statistical model to analyze the long-term effects of DDE on Channel Island bald eagle and peregrine falcon populations. Designed and prepared the restoration plan for seabird populations. Authored several reports to assist with litigation and provided expert witness assistance. Reports include the restoration plan prepared for the US Fish and Wildlife Service, NOAA and CA Fish and Game Office and scientific papers relating to various seabird populations. *top

Natural Resource Damage Assessment for the Apex Houston, California

Managed a multidisciplinary team of experts to determine injuries from the spill and oversaw the preparation of expert reports. An EI attorney defended and took depositions from experts as well as fact witnesses. EI experts provided advice on a variety of topics including oil spill trajectory modeling, toxic effects of oil on wildlife, causes of the spill from the vessel, natural resource economics and sensitivity of various species to oil. Oversaw the development of a ground-breaking natural resource injury assessment and restoration plan that is currently being implemented with settlement funds by state and federal government, and included the first project ever conducted by a government for the recolonization of a species injured by pollution through the use of social attraction. *top

Technical Assistance to Seabird Monitoring Program, California

Provided technical assistance to a seabird monitoring program that included the monitoring of three National Marine Sanctuaries in California. Work involved conducting aerial photographic surveys and determining breeding populations of seabirds to create baseline data for purposes of litigation and monitoring of human disturbances on breeding and roosting seabirds. Jointly funded by California Fish and Game, US Fish and Wildlife Service and the US Navy. *top

Litigation Support for Case Related to Marbled Murrelets, California

Provided private litigation support on behalf of the Environment Protection Information Center for a case related to old growth forests in northern California and marbled murrelets, listed as endangered under the Endangered Species Act. Provided expert testimony at trial and assistance to attorneys regarding the biology of marbled murrelets. *top

Analysis of Financial Assets and Ability-to-Pay under CERCLA, California and Nevada

Analyzed the financial assets and ability-to-pay of defendants adjudged liable to the National Park Service for illegal dumping of hazardous substances on park lands. Investigations of assets included those found in California and Nevada. Also analyzed factual information to identify other parties potentially responsible for the cleanup of those hazardous substances dumped. *top

Facilitation of Stakeholder Meetings Considering Voluntary Cooperative NRDAs, Maryland

For NOAA, provided facilitation services for five meetings with state and federal trustees, environmental groups, industry representatives and tribes. The facilitated meetings were designed to gather useful stakeholder input in a short period of time for a new voluntary cooperative NRDA program that NOAA is developing. Project involved designing the plan, interviewing participants prior to the meetings, facilitating meetings and preparing notes and final report. *top

Tribal Advice on Natural Resource Damages for the Muscogee (Creek) Nation, Oklahoma

Advised the Muscogee (Creek) Nation as to the statutory and regulatory authority for tribal natural resource damage claims. Also facilitated tribal understanding of the issues surrounding authority for natural resource damage claims, damage assessments and valuation of natural resources. *top

Tribal CERCLA and NRDA Support, Oregon

Providing support to the Confederated Tribes of Grand Ronde, Siletz, Umatilla, and Warm Springs to address injuries to tribal resources at the Portland Harbor, Taylor Lumber and McCormick and Baxter National Priorities List sites. Reviewing site investigation information at the three sites to identify where tribal resources have been threatened or harmed. Assisting the tribes in prioritizing cleanup actions at the Portland Harbor sites. Evaluating proposed remediation alternatives to determine effectiveness. Representing the tribes at key site meetings and conference calls. Reviewing and providing comment on key documents, including site characterizations, environmental evaluations, proposed plans, work plans, project memoranda, remedial investigation/feasibility studies, quality assurance plans, operation and maintenance plans, health and safety plans, contingency plans, records of decision, remedial design documents, remedial action plans and human health and ecological risk assessments. *top

Cooperative Natural Resource Damage Assessment, Texas

Provided oversight of an investigation and NRDA for a site in coastal Texas involving contaminated soils and sediments. Provided support for negotiations between two refining companies and trustees involved. Contaminants of concern included numerous PAHs and heavy metals such as barium, cadmium, chromium, lead, mercury and zinc. Developed a streamlined injury determination and valuation of damage using an ecological risk assessment as a screening technique for injury. Reviewed and provided input to sampling and quality assurance plans for investigations. Conducted a valuation of the natural resource damages and assisted with the negotiation of a cost allocation among the responsible parties. Negotiations resulted in identifying restoration projects to be conducted by the former site owner/responsible party to repair injuries assumed as part of a streamlined NRDA. *top

Development of Actions for Protection of Old-Growth Forests, Pacific Northwest

As a participant in the Forest Ecosystem Management Assessment Team, assisted in the development of immediate actions for protecting old-growth forests in the Pacific Northwest for marbled murrelets as part of the 1994 Pacific Northwest Forest Plan. *top

Natural Resource Damage Assessment for the Tenyo Maru Oil Spill, Washington

Assisted the US Fish and Wildlife Service, the US Department of Justice and Washington State resource agencies with scientific studies relating to the damage assessment following the Tenyo Maru oil spill. Particular attention was given to impacts to threatened and endangered species including the common murre and marbled murrelet. *top

Contaminated Sites Consultation for Potential Natural Resource Damage Assessment, Washington

Working with the Confederated Tribes of the Colville Reservation to address contamination in the upper Columbia River watershed. The site has been contaminated by historic and current discharges from mines, milling operations, smelters and a pulp and paper mill. Several fish consumption advisories have been issued and the bioaccumulation of toxics has impacted tribal fisheries resources. Providing support to the Tribes for all phases of the CERCLA process at the upland sites and contaminated sediment sites. This effort includes reviewing preliminary assessments and site investigation reports; helping the Tribes navigate the NPL listing process; reviewing Sampling and Quality Assurance Plans; providing analysis of sediment, soil and water data collected by US EPA and others; meeting with and negotiating with regulators; recommending studies to complete a thorough ecological and human health risk assessment; and providing advice on the remedial investigation data collection process to set the stage for a NRDA. *top

NRDA Advice for the Tulalip Tribe, Washington

For the Tulalip Tribe, provided planning advice for natural resource damage assessment negotiations based on review of remedial investigation/feasibility study data and reports. Used data from the remedial investigation and screening levels to provide advice on the extent and level of potential damages without the need for collecting additional data in damage studies. Considered approaches to value damage to cultural and natural resources. *top

International

On behalf of the Central American non-governmental organization (NGO) Justicia Para La Naturaleza, an EI attorney and policy analyst conducted training and capacity building regarding the litigation of natural resource damage cases including one involving injuries to protected areas from alleged unlawful activity. Provided advice to a sister NGO regarding the development of a mediation program. *top

Response to the T/V Puerto Rican Oil Spill and Injury Determination, Puerto Rico

Assisted in the response to the T/V Puerto Rican oil spill and the injury determination for seabirds. Summarized natural resource injury data and assisted with a report summarizing the impacts of the spill. For trustee agencies including NOAA and California resource agencies, provided expert witness and technical assistance relating to resource damages. *top

Litigation Support for Spill in Coral Reef Environment Involving Contaminated Sediments, US Virgin Islands

Provided advice and support in connection with a matter in the Virgin Islands involving PAH- contaminated marine sediments in a fragile coral reef environment. Analyzed potential liability for penalties and/or natural resource damages under a host of federal and state laws including CERCLA, RCRA, OPA and Territorial CWA, and advised client regarding case development. As an integral part of support settlement negotiations/litigation, considered and analyzed Washington State marine sediment standards and protocols associated with contaminated sediment sampling. *top

NPL Site Natural Resource Damage Assessment and Cost Allocation, US Virgin Islands

Developed an injury determination and restoration plan for a NRDA site. Conducted portions of the injury determination addressing injuries to flora and fauna in the area. Prepared a cost allocation for natural resource damages at an NPL site. Analyzed the current law concerning CERCLA liability and considered the applicability of the petroleum exclusion and the federal permit defense. Reviewed and analyzed thousands of pages of documents and deposition testimony regarding historic practices and site conditions. Addressed issues such as toxicity of substances, contribution to the harm and character of harm. Identified the universe of potentially responsible parties over which the allocation would occur, identified the insolvent parties and developed and calculated shares for each party. Prepared a thorough report supporting the allocation outlining the legal and scientific basis for selection of potentially responsible parties, containing an analysis of the basis of the allocation scores for each of the parties. *top

Natural Resource Damage Assessment

Representative Projects

Domestic

Natural Resource Damage Assessment Training, Washington and Oregon