The Secretary of Environmental Affairs has been designated by the Governor as Trustee for natural resources of the Commonwealth. As Trustee, the Secretary has the authority under state and federal environmental statutes, including the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), the Oil Pollution Act of 1990 (OPA), the Federal Clean Water Act, and the Massachusetts Oil and Hazardous Materials Release Prevention and Response Act (M.G.L. c. 21E) to bring an action or claim for liability against a responsible party for natural resource damages (NRD) resulting from a release or threat of release of oil or hazardous substances.

Our Natural Resources
NRD authority applies to injuries to natural resources managed by or held in trust by the Commonwealth for the public, and generally includes fish, wildlife, threatened and endangered species and their habitats, groundwater, drinking water supplies, lakes, ponds, wetlands, coastal and marine resources, anadromous fisheries, shellfish, and other sensitive resources.

The Goal of NRD
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/quantification, damage determination, and restoration planning/implementation to restore, replace, or acquire the equivalent of the injured resources. The overall goal of a NRD action is to restore injured resources. The NRD action may also include compensation to the public for the lost use (including human use) of the injured resource from onset of injury to completion of restoration.

Who are the Trustees?
Only state, federal, and tribal 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. 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 and their representatives include:

• Massachusetts State Trustee
• Secretary EOEA

• Federal Trustees
• Secretary of the U.S. Department of the Interior (U.S. Fish and Wildlife Service, U.S. National Park Service, etc.)
• Secretary of the U.S. Department of Commerce (National Oceanic and Atmospheric Administration)
• Secretaries of the U.S. Departments of Defense, Energy, and Agriculture

Links to Federal Trustee Programs:
DOI NRDAR Program Web Page
NOAA DARP Web Page

Other Related Links:
EPA NRD Web Page
US Coast Guard National Pollution Funds Center