Natural Resource Damages Assessment and Restoration (NRD)
The Commonwealth of Massachusetts manages natural resources such as fish, shellfish, wildlife, and rare species, groundwater, rivers, lakes, ponds and wetlands and holds them in trust for the public. NRD authority applies to injuries to natural resources resulting from releases of oil or hazardous materials or substances. Only federal, state, and tribal Trustees may recover for NRD subject to their jurisdiction on behalf of the public. The NRD process generally includes injury assessment and quantification, determination of monetary damages to compensate the public for the injuries, and restoration planning and implementation to restore, replace, or acquire the equivalent of the injured resources.
Massachusetts NRD Program
Designated by the Governor, the Secretary of the Executive Office of Energy and Environmental Affairs (EEA), as the Commonwealth's natural resources Trustee, has the authority under state and federal environmental statutes to bring an action or claim for liability against a responsible party for natural resource damages resulting from a release or threat of release of oil or hazardous substances within Massachusetts and its waters. Within EEA, the Massachusetts Department of Environmental Protection (MassDEP) administers the NRD Program.
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Massachusetts NRD Case Settlements
The Commonwealth, in cooperation with the Federal Trustees, has successfully negotiated NRD case settlements and is committed to implementing a comprehensive NRD program which requires polluters to restore injured resources and to compensate the public for the inability to use and enjoy those resources.
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MA NRD Damages Assessments
In Massachusetts, MassDEP is working on behalf of EEA with federal Trustees to conduct assessments at several sites.
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NRD Trustees, Environmental Authoritative Statutes, and Additional Federal & State Websites
The President, the Governors of each state, and Native American tribes each designate officials who may act on behalf of the public as trustees for natural resources. Trustees rely on several authorities to bring an action or claim against a responsible party for damages for injury to natural resources.
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Preserving Water Resources
Since people, businesses, wildlife, and natural lands all need adequate water, the Commonwealth must follow sustainable water policy guidelines to support ecological needs while meeting the requirements of regional economic growth, supporting high-quality jobs, increasing housing affordability, enhancing tourism, and maintaining a high quality of life that includes recreational opportunities and vital habitats.
EEA Water Resources Web site