Natural Resource Damages for Climate Change—An Idea Whose Time Is Not Yet Come,Part I: NRD Claims Are Not Currently Viable under CERCLA |
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Authors: | Ira Gottlieb Esq. J. Wylie Donald Esq. Jameson A. L. Tweedie Esq.∗ |
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Abstract: | As the effects of climate change are felt, affected parties will seek redress in the legal system. Numerous suits have already been filed and this may only be the beginning of a trend. One type of suit that has not yet been filed is the natural resource damage (NRD) claim under CERCLA. While it is unlikely that climate change-based NRD claims could succeed under current law, it may only be a matter of time before they are brought. With the present legal landscape in mind, this article examines statutory requirements under CERCLA to bring a climate change related NRD claim. |
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