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Supplemental Environmental Projects: Better than Money and Better Still When Incorporating Justice

Supplemental environmental projects (SEPs) provide one means of addressing environmental violations in alignment with the Biden Administration’s comprehensive environmental justice (EJ) strategy. SEPs were explicitly endorsed...more

U.S. Department of the Interior Proposes Revisions to NRDA Regulation Type A Rule

On Friday, the U.S. Department of the Interior (DOI) announced proposed changes to certain methods used to assess natural resource damages for hazardous substance releases under the Comprehensive Environmental Response,...more

Where Should Groundwater Flow? Towards Social Value

A recent insightful Law360 Expert Analysis by my Integral colleague R. Jeffrey Davis (“Regulators Must Get Creative To Keep Groundwater Flowing”; September 8, 2023) discussed challenges and possible solutions to the problem...more

Emerging Environmental Justice Initiatives Call for Transparent Measurement Methods

In an insightful recent JD Supra® article, Feltman-Frank and coauthors discuss the potential risks that companies face if they do not carefully consider the environmental justice (EJ) landscape within which they operate...more

Justice in Time: What You Need to Know About the Discount Rate

Natural Resource Damage Assessments Tools and Applications - Environmental justice is a major initiative of the Biden administration and various state governments, with a number of directives and programs to address fairness...more

Natural Resource Damages & Environmental Justice [Video]

In natural resource damage assessments (NRDAs), both injury to resources and the beneficial effects of restoration actions unfold over time, sometimes over periods spanning multiple generations. To make losses and gains...more

Considering Environmental Justice in Natural Resource Damage Assessment - Injury to Recreation Resources

Abstract - Determining the amount of restoration needed to compensate the public for injury to natural resources is central to estimating natural resource damages (NRDs). Formal restoration scaling methods have not...more

Lofty Environmental Justice Goals versus Practical Implementation

A recent article in Law360 by Bill Wichert, (“Hexcel Faces Pollution Suit Over NJ Manufacturing Site” (April 4, 2022) highlights the role that environmental justice plays in claims for natural resource damages (NRDs) filed by...more

Considering Environmental Justice in Natural Resource Damage Assessment

January 27, 2022 was the one-year anniversary of President Biden’s announcing his Justice40 program as part of his approach to building environmental justice (EJ) broadly into decision-making.  In December EPA announced it...more

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