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Practitioner Tips

CERCLA’s Unrecoverable Natural Resource Damages: Injuries to Cultural Resources and Services

Sarah Peterman* [ Click Here to Comment ][ download PDF ] Introduction Confusion over what damages are recoverable as natural resource damages (NRD) under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) and other federal statutes abounds, giving credence to the oft-repeated phrase that “CERCLA is not a model of legislative clarity.”[1]

Preliminary Injunctive Relief in the Ninth Circuit after Winter v. Natural Resources Defense Council

Susan Jane Brown* & Rachel Fazio** [ Click Here to Comment ][ download PDF ] <<< See Update, January 25, 2011, Below >>> Introduction On November 12, 2008, the U.S. Supreme Court issued a ruling on Winter v. Natural Resources Defense Council (Winter).[1] The Winter case originated in March of 2007[2] in the Central District

Oct 12, 2010

Levine v. Vilsack: When “Likely” Actually Means “Definitely”

Bruce Wagman & Lisa McCurdy* [ Click Here to Comment! ][ download PDF ] Sometimes procedural rulings allow courts to avoid important decisions that would otherwise make social and ethical declarations about the duality of American values with respect to animals. Stark evidence of that comes with the recent Ninth Circuit opinion in Levine v.

Mar 08, 2010