How does Exponent accurately and objectively help clients understand NRDA challenges?
Natural resource damages represent a potential corporate environmental liability beyond cleanup or response actions. Understanding the NRDA process and its relationship to federal statutes (such as the Comprehensive Environmental Response, Compensation, and Liability Act [CERCLA] and the Oil Protection Act [OPA]) and to state statutes is complex. When damages could be large, cooperative arrangements with trustees can be preferable to litigation but also challenging to conduct. Adding to this complexity, NRDA regulations and interpretations under federal and state statutes continue to evolve, as does the NRDA process itself.
Exponent scientists use our extensive case experience to help clients address natural resource damage claims and navigate a path forward. We have collaborated with company technical staff and attorneys in resolving and defending claims and have worked in trustee organizations, moving claims forward, effectively. Additionally, we participate in industry-trade groups tracking regulations and best practices across the U.S. and globally.
Exponent actively assists clients with the NRDA "lifecycle," including:
- Evaluating potential and actual NRDA claims, advising clients on their liability exposure
- Strategic trustee interactions: Helping clients to understand trustee positions and provide rebuttal positions
- Baseline assessment: Proactively defining the injury assessment/service loss starting point
- Injury assessment: Source identification, causation, chemistry/exposure, toxicology, and ecological impact
- Restoration scaling and planning
- Litigation support and expert testimony
Exponent provides unmatched consulting expertise in natural resource damage assessment and restoration cases with a range of concentrations.
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