Partners Don Fowler and Frank Leone speak at Natural Resource Damages Conference July 16-17, 2015 in Santa Fe.

July 16, 2015-July 17, 2015

Donald W. Fowler served again as Co-Chair at Law Seminar International's Ninth Annual Advance Conference on Litigating Natural Resource Damages. He and co-chair James A. Bruen provided an introduction and overview as the conference got underway on July 16.   Later that day, in his ninth annual appearance on the conference agenda, Mr. Fowler spoke on "The Economics of Habitat and Resource Equivalency Analyses," addressing old expectations, current applications, and new directions.

On Friday morning, Frank Leone presented on "Undiscovered Defenses", the next frontier for litigation over defenses.  The program concluded at Noon with Mr. Fowler's and fellow Co-Chair Jim Bruen's presentation, "Wrap Up Grand Rounds for a Big Picture Perspective."

NRD Litigation remains one of the most fascinating, and still underdeveloped areas of environmental law.  As case law defining NRD claims and defenses continues to develop, trustees and other stakeholders continue to experiment with new approaches to prosecuting and defending claims.  Among topics covered at this year's conference:

  • NRD policy priorities for federal trustees
  • The responsible party perspective
  • Tribal and state perspectives
  • An economist's perspective on environmental damage
  • Significant issues in NRD
  • The role of science in developing and supporting NRD strategies
  • Approaches and new developments in estimating non-use values
  • Putting an NRD case on trial
  • Lessons from the Passaic River
  • Often overlooked defenses: Acts of God, acts of war and acts of third parties
  • Mining sites under Superfund