Massachusetts NRD Damages Assessments
Only state, federal, and tribal natural resource Trustees may assess and seek to recover damages, on behalf of the public, from responsible parties for injury to natural resources and loss of services. Recovered damages are used to restore, replace, or acquire the equivalent of the injured natural resources. Trustees have the option to conduct NRD assessments via simplified methods or in accordance with federal regulations promulgated by the U.S. Department of the Interior at 43 CFR Part 11 or by the National Oceanic Atmospheric Administration at 15 CFR Part 990. Assessments involve evaluating and selecting restoration alternatives and determining the appropriate monetary compensation for the injuries and loss of services. The measure of damages can include the cost of the restoration and the compensable value, i.e. the compensation to the public for the lost services from onset of injury to completion of restoration. In addition, Trustees can recover the cost of the NRD assessment.
In Massachusetts, the Executive Office of Energy and Environmental Affairs (EEA) is working with federal Trustees to conduct assessments at seven sites, including the Bouchard Oil Spill and Massachusetts Military Reservation.
Damages Assessments Summary
|NRD Assessment||Injured Resources||Watershed||Assessment Initiated||Trustees|
|1. Massachusetts Military Reservation||Groundwater, Surface Water, Biota||Cape Cod||1999||Massachusetts, USFWS|
|Recreational, Aquatic, Wildlife, and Shoreline Resources||Buzzards Bay||2003||Massachusetts, NOAA, USFWS, Rhode Island|