Natural Resource Damage Case Selection Criteria

A number of practical considerations dictate that only a fraction of all potential natural resource claims are actually negotiated or litigated under Federal statutes that provides for recovery of damages for natural resources injuries. This paper describes the initial steps taken by the National Oceanic and Atmospheric Administration to evaluate releases of oil and hazardous substances to determine whether to pursue a damage assessment. Key questions that are addressed in the case evaluation process include: significance of injury; assessment costs vs. expected damages; viability of potentially responsible party(s); potential for restoration; and litigation risks.