EASTERN WATER NEWS

April 2006

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Northeastern States Actively Pursue Claims for Damage to Water Resources

Two states in the Northeast have recently reached several separate natural resources damages (NRD) settlements with potentially responsible parties (PRPs) related to past damage to state water resources. A third state recently sued another responsible party for damages caused to water resources resulting from a recent spill. Such settlements are authorized under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA or Superfund) and comparable state laws. Some of the settlements include unique provisions that are aimed at protecting additional water resources. These activities are part of a trend among states in the Northeast to more aggressively pursue such claims.