Settling for natural resource damages

Karen Bradshaw, Lori Faeth

Research output: Contribution to journalReview article

1 Citation (Scopus)

Abstract

The United States manages natural resources held in the public trust for the collective benefit of all citizens. When human action injures certain natural resources, the government has statutory authority to pursue monetary damages, which are used to restore the resources to their pre-injury condition. As the only statutory tort remedy in environmental law, natural resource damages provide a valuable opportunity to consider the efficiency of a tort regime as a tool for addressing environmental problems. Moreover, administration of the remedy provides insights into interagency dynamics and valuation of natural resources without a market value. At present, these important inquiries are sharply limited by a lack of comprehensive information about the remedy. Commentators routinely underestimate the frequency and size of claims by failing to account for settlement, which resolves over ninety-five percent of natural resource damages matters, and lesser-known applications of the remedy. This Article begins to fill the void of information surrounding natural resource damages settlements. It presents a novel empirical overview of all settlements by federal trustees between 1989 and 2015, constructed from data gathered by Freedom of Information Act requests to each relevant agency. The available data indicate that federal agencies settled for $10.4 billion across hundreds of claims over more than twenty years. This Article maps the statutory authorities that agencies use to provide a comprehensive overview of the field. Ultimately, the data presented in this Article lay a foundation for the important, yet under-theorized, questions surrounding the potential for statutory tort remedies to address environmental problems. Natural resource damages are the best kept secret in environmental law.

Original languageEnglish (US)
Pages (from-to)211-250
Number of pages40
JournalHarvard Environmental Law Review
Volume40
Issue number2
StatePublished - Jan 1 2016

Fingerprint

settling
natural resources
damages
natural resource
remedies
damage
environmental law
environmental impact
freedom of information
valuation
void
act
regime
citizen
efficiency
market
lack
present
resource
resources

ASJC Scopus subject areas

  • Environmental Science (miscellaneous)
  • Management, Monitoring, Policy and Law
  • Law

Cite this

Settling for natural resource damages. / Bradshaw, Karen; Faeth, Lori.

In: Harvard Environmental Law Review, Vol. 40, No. 2, 01.01.2016, p. 211-250.

Research output: Contribution to journalReview article

Bradshaw, Karen ; Faeth, Lori. / Settling for natural resource damages. In: Harvard Environmental Law Review. 2016 ; Vol. 40, No. 2. pp. 211-250.
@article{1971a2b1a742449a89bba8e6f37ebc51,
title = "Settling for natural resource damages",
abstract = "The United States manages natural resources held in the public trust for the collective benefit of all citizens. When human action injures certain natural resources, the government has statutory authority to pursue monetary damages, which are used to restore the resources to their pre-injury condition. As the only statutory tort remedy in environmental law, natural resource damages provide a valuable opportunity to consider the efficiency of a tort regime as a tool for addressing environmental problems. Moreover, administration of the remedy provides insights into interagency dynamics and valuation of natural resources without a market value. At present, these important inquiries are sharply limited by a lack of comprehensive information about the remedy. Commentators routinely underestimate the frequency and size of claims by failing to account for settlement, which resolves over ninety-five percent of natural resource damages matters, and lesser-known applications of the remedy. This Article begins to fill the void of information surrounding natural resource damages settlements. It presents a novel empirical overview of all settlements by federal trustees between 1989 and 2015, constructed from data gathered by Freedom of Information Act requests to each relevant agency. The available data indicate that federal agencies settled for $10.4 billion across hundreds of claims over more than twenty years. This Article maps the statutory authorities that agencies use to provide a comprehensive overview of the field. Ultimately, the data presented in this Article lay a foundation for the important, yet under-theorized, questions surrounding the potential for statutory tort remedies to address environmental problems. Natural resource damages are the best kept secret in environmental law.",
author = "Karen Bradshaw and Lori Faeth",
year = "2016",
month = "1",
day = "1",
language = "English (US)",
volume = "40",
pages = "211--250",
journal = "Harvard Environmental Law Review",
issn = "0147-8257",
publisher = "Harvard University",
number = "2",

}

TY - JOUR

T1 - Settling for natural resource damages

AU - Bradshaw, Karen

AU - Faeth, Lori

PY - 2016/1/1

Y1 - 2016/1/1

N2 - The United States manages natural resources held in the public trust for the collective benefit of all citizens. When human action injures certain natural resources, the government has statutory authority to pursue monetary damages, which are used to restore the resources to their pre-injury condition. As the only statutory tort remedy in environmental law, natural resource damages provide a valuable opportunity to consider the efficiency of a tort regime as a tool for addressing environmental problems. Moreover, administration of the remedy provides insights into interagency dynamics and valuation of natural resources without a market value. At present, these important inquiries are sharply limited by a lack of comprehensive information about the remedy. Commentators routinely underestimate the frequency and size of claims by failing to account for settlement, which resolves over ninety-five percent of natural resource damages matters, and lesser-known applications of the remedy. This Article begins to fill the void of information surrounding natural resource damages settlements. It presents a novel empirical overview of all settlements by federal trustees between 1989 and 2015, constructed from data gathered by Freedom of Information Act requests to each relevant agency. The available data indicate that federal agencies settled for $10.4 billion across hundreds of claims over more than twenty years. This Article maps the statutory authorities that agencies use to provide a comprehensive overview of the field. Ultimately, the data presented in this Article lay a foundation for the important, yet under-theorized, questions surrounding the potential for statutory tort remedies to address environmental problems. Natural resource damages are the best kept secret in environmental law.

AB - The United States manages natural resources held in the public trust for the collective benefit of all citizens. When human action injures certain natural resources, the government has statutory authority to pursue monetary damages, which are used to restore the resources to their pre-injury condition. As the only statutory tort remedy in environmental law, natural resource damages provide a valuable opportunity to consider the efficiency of a tort regime as a tool for addressing environmental problems. Moreover, administration of the remedy provides insights into interagency dynamics and valuation of natural resources without a market value. At present, these important inquiries are sharply limited by a lack of comprehensive information about the remedy. Commentators routinely underestimate the frequency and size of claims by failing to account for settlement, which resolves over ninety-five percent of natural resource damages matters, and lesser-known applications of the remedy. This Article begins to fill the void of information surrounding natural resource damages settlements. It presents a novel empirical overview of all settlements by federal trustees between 1989 and 2015, constructed from data gathered by Freedom of Information Act requests to each relevant agency. The available data indicate that federal agencies settled for $10.4 billion across hundreds of claims over more than twenty years. This Article maps the statutory authorities that agencies use to provide a comprehensive overview of the field. Ultimately, the data presented in this Article lay a foundation for the important, yet under-theorized, questions surrounding the potential for statutory tort remedies to address environmental problems. Natural resource damages are the best kept secret in environmental law.

UR - http://www.scopus.com/inward/record.url?scp=85029413066&partnerID=8YFLogxK

UR - http://www.scopus.com/inward/citedby.url?scp=85029413066&partnerID=8YFLogxK

M3 - Review article

AN - SCOPUS:85029413066

VL - 40

SP - 211

EP - 250

JO - Harvard Environmental Law Review

JF - Harvard Environmental Law Review

SN - 0147-8257

IS - 2

ER -