Alert 04.24.24
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Pillsbury is a leader and innovator in resolving natural resource damages claims.
Pillsbury’s experienced, innovative natural resource damages practitioners help clients evaluate and effectively resolve natural resource damages (NRD) claims arising under federal and state laws. Drawing on deep legal experience, scientific and technical acumen, and extensive international, federal and state environmental policy and regulatory knowledge, we evaluate, navigate and effectively resolve natural resource damages claims to limit our clients’ exposure.
A pioneer in the natural resource damages arena and a national leader in environmental law and policy, Pillsbury has represented national and international clients in a wide breadth of environmental liability matters since the environmental law came into force. Our lawyers have represented clients in more than 100 oil spills, including the Exxon Valdez and Deepwater Horizon spills. We have defended against cross-border, state, federal and tribal agency claims and have favorably resolved more than 40 NRD cases throughout the United States under CERCLA, OPA and various state analogues. Pillsbury environmental lawyers have been at the forefront of natural resource damages claims and regulation since their statutory inception. As leaders in establishing damage assessment methods, we offer innovative strategies and deep experience in quantifying damages, handling assessments, limiting the scope of liability and successfully resolving NRD claims.
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Pillsbury lawyers played an integral role in the development of NRD assessment regulations while serving in high levels of government, and members of our team have held leadership roles at key federal regulatory agencies, including the National Oceanic & Atmospheric Administration (NOAA), Department of the Interior, Environmental Protection Agency, Department of Energy and Department of Justice. In these roles, our lawyers have gained an insider’s perspective, insight and hands-on experience. We also earned the respect of agency leaders, enabling us to streamline the NRD assessment process and work directly with decision-makers to arrive at creative solutions.
Our lawyers also initiated the use of econometric models such as Habitat Equivalency Analysis, optimizing the parties’ ability to settle NRD claims efficiently while leading to regulatory improvements that minimize costs. This model is now used in the United States and has been adopted in Europe, as well. Further, Pillsbury helped catalyze the development of Texas Risk Reduction Program (TRRP) rules for resolving NRD claims without litigation. We bring this experience to bear along with our extensive knowledge of the sciences to address regulatory and political challenges government decision-makers face in the assessment process. Then we lead the way in conceiving a resolution supported by sound scientific evidence, econometric analysis and the applicable legal and regulatory frameworks.
Pillsbury environmental lawyers advise clients at every stage of an NRD challenge, evaluating potential claims, handling pre-litigation demands and claims resolution. We are particularly adept at quantifying damages and claims’ valuations, helping to limit the scope of NRD claims and our clients’ exposure to liability. From risk management and damage assessment analysis through litigation or alternative dispute resolution, we advise on all aspects of NRD claims, helping clients arrive at the best possible outcome.
Our lawyers also assist clients by:
Our experience includes:
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