Natural resource damage assessments: Linking injury to restoration

Under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and the Oil Pollution Act of 1990 (OPA 90), natural resource trustees have the authority to act on behalf of the public to file claims for damages against potentially responsible parties for injury to, destruction of, or loss of natural resources and related human services caused by releases of hazardous substances or discharges of oil. Damages recovered must be used to restore, replace, or acquire the equivalent of such resources. Therefore, to adequately restore an injured resource and the services it provides, a natural resource restoration proposal should address, as directly as possible, the injuries caused by a hazardous substance release. In other words, the resources restored and services generated by the restoration activities should be commensurate in type and amount with the reduction in services caused by the release. More specifically, the natural resource damage assessment regulations indicate that services should be used as the common currency for linking injury to restoration. The following conceptual steps may be followed to develop a primary restoration program that is linked to the injuries: Define the resources that were injured, and identify the services provided by those resources that were reduced by the injury. Define the baseline levels of the quantity of the resource, and the quantity of the services that would have been provided by the resource if the injury had not occurred. Quantify the interim lost value, which represents the reduction in services (compared to a baseline) from the time of the injury through the time of full recovery of the resources, assuming natural recovery. Evaluate the potential restoration projects for inclusion in the primary restoration program, which is designed to accelerate and enhance natural recovery of the resources and the flow of services from the resources