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Environmental

Jun. 11, 2009

Damaged Before Repair

Damage a natural resource like a tree or an invertebrate and you might be liable for damages, write Alan N. Bick, James M. Sabovich and John N. Carter.

By Alan N. Bick, James M. Sabovich and John N. Carter

Natural resource damages have, since their statutory formalization in the Comprehensive Environmental Response Compensation and Liability Act in 1980, and similar sections in the Clean Water Act and Oil Pollution Act, been a bit of an oddity. It has long been the law that sovereigns, whether the United States, states or Indian tribes, hold natural resources like plants, wildlife and groundwater in tr...

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