Published Article: Seven Government Assumptions to Challenge Regarding Natural Resource Damages

Three federal statutes—the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA); the Oil Pollution Act (OPA); and the Clean Water Act (CWA)—as well as some state-specific statutes, allow for the pursuit of monetary or nonmonetary damages if a release of petroleum products or hazardous substances has resulted in injury to natural resources, such as waterways, wetlands areas, and wildlife, that are held in trust for the public. Placing a monetary value on these priceless resources necessarily involves subjective analysis, but some recent government claims have been for amounts far in excess of what a reasonable analysis of the facts would suggest. These claims have typically calculated monetary damages using unrealistic assumptions.

Seven Government Assumptions to Challenge Regarding Natural Resource Damages,” written by Roux’s Vice President and Principal Hydrogeologist Daniel Sullivan, uncovers seven types of common unrealistic assumptions related to natural resource damages. This article was published in the Environmental Claims Journal.

To read and download this article, please click here

Upcoming Webinar – Environmental Cost Recovery Actions

Environmental Cost Recovery Actions – Keys to Success and Pitfalls to Avoid 

Wednesday, August 2nd • 2:00pm – 3:00pm (EST)

This webinar, hosted by Perrin Conferences, offers CLE credit and covers keys to success and pitfalls to avoid when navigating environmental hazards. Speakers include John Parker and George Buermann, Partners at Goldberg Segalla LLP, along with Roux’s Vice President and Principal Hydrogeologist, Daniel Sullivan.

Topics covered will include:

  • How to obtain indemnification for cleanup costs;
  • Recovery against other potential responsible parties;
  • Responding to a PRP letter;
  • Identifying and effective use of defenses;
  • Developing the divisibility defense; and
  • Tips to properly defend and/or negotiate claims brought by state and federal environmental agencies.

Please click here to register and learn more. 

Summer 2017: What’s New at Roux?

Take an inside look at our upcoming events, webinars, and new employees.

Roux ICSC Exhibits

New England Conference & Deal Making
Tuesday, July 18th – Boston, MA
Booth #826 

PA/NJ/DE Conference & Deal Making
Monday, September 11th – Atlantic City, NJ
Booth #622

Chicago Deal Making
Wednesday, September 27th – Chicago, IL
Booth #506

Western Conference & Deal Making
Monday, October 2nd – Los Angeles, CA
Booth #2012

Roux Associates

Upcoming Webinars

Be Prepared! What you need to know about the current status of PFAS
Tuesday, July 18th – 2:30pm (EST)
Presented by Roux’s Seth Kellogg and Adam Love, Ph.D. and Greenberg Traurig LLP’s Steve Russo and Frank Citera 

Environmental Cost Recovery Actions – Keys to Success and Pitfalls to Avoid
Wednesday, August 2nd – 2:00pm
Presented by Roux’s Daniel Sullivan and Goldberg Segalla LLP’s John Parker and George Buermann 

Approaches for Assessing Nitrate Impacts to Groundwater
Thursday, August 31st – 2:00pm
Presented by Roux’s Walt McNab – Registration link to follow

 Roux Associates

Who’s New at Roux?

We are pleased to welcome Dr. Aaron Sappenfield as a Senior Geologist in Roux’s Long Beach, California office. Dr. Sappenfield is a California-licensed Professional Geologist with extensive research and consulting experience. As a research scientist, Dr. Sappenfield has applied advanced field- and lab-based methods for geological characterization shown to be instrumental in developing high-resolution, cost-effective conceptual models describing subsurface conditions. As a consultant, Dr. Sappenfield has gained extensive project management experience, having coordinated, managed, and provided strategic advisement for hydrogeological, compliance monitoring, remedial design, and geotechnical projects nationwide.

We are extremely pleased to have Dr. Sappenfield and are looking forward to applying his diverse technical background in several of our core practice areas. Please join us in welcoming him to Roux!