Firm Partner Don Fowler speaks at LSI's Sixth Annual Advanced Conference on Litigating Natural Resource Damages in Santa Fe.
July 12, 2012
Natural Resource Damages (NRD) litigation remains at the cutting edge of environmental law. NRD statutory claims in state and federal courts across the United States, and associated state statutory and common law claims present complex and evolving strategic, tactical and substantive issues for both natural resource trustees and potentially responsible parties. As case law defining NRD claims and defenses continue to develop, trustees and stakeholders have taken new approaches to both prosecuting and defending NRD claims, thereby advancing this dynamic area of the law.
What are the nature and limits of NRD claims? How will trustees use other statutes and common law claims to avoid recent federal and state NRD decisions? How can trustees and responsible parties best position themselves during the natural resource injury assessment process? What are the most effective (and least effective) NRD claims and defenses? How are NRD injuries monetized? How can trustees and responsible parties engage in a productive settlement dialogue? What are the best strategies and tactics to handle large, complex NRD litigation?
These and other questions will be discussed at this advanced conference. The faculty is drawn from senior environmental practitioners and experts across the country. They come from affected industry, federal and state government, nationally-recognized plaintiff and defense firms, and environmental and economic consultant practices directly involved in the precedent-setting NRD lawsuits.
This will mark Don Fowler's sixth annual appearance on the program agenda for the conference. On July 13, Mr. Fowler will speak on "Theoretical and Practical Implications of the 'Wholly Before 1980' Provision."