NATURAL RESOURCE DAMAGE ASSESSMENT CPRA Meeting July 28, 2010 Presented By: Samuel W. Plauché Plauché & Stock, LLP Stephanie C. Morris Special Counsel Louisiana Oil Spill Coordinator’s Office Department of Public Safety

Role of the TSC   The Trustee Steering Committee’s responsibilities currently include:   Day-to-day case management   Providing direction to the technical working groups   Planning assessment activities   Identifying restoration alternatives

Cooperative Process   OSPRA directs the state trustees to: have “[p]articipation in all stages of the assessment process by the potentially responsible party, as is consistent with trustee responsibilities” La. R.S. 30:2480

Cooperative Process   OSPRA regulations state, “trustees shall invite potentially responsible party to participate in:   The assessment process   Field investigation   Selection of assessment methods   Restoration planning   Post-assessment activities La. Admin. Code 43:115

Cooperative Process   NOAA regulations state: “Trustee must invite the responsible parties to participate in the natural resource damage assessment described in this part.” 15 C.F.R. Part   At a minimum, participation by RP includes: Notice of trustee determinations Notice and opportunity to comment on documents or plans that significantly affect the nature and extent of the assessment 15 C.F.R. Part

Benefits   Rebuttable presumption   Funding   Cost Efficiencies   Restoration-focused   Information sharing

Exiting the Cooperative Process   Pursuant to OSPRA regulations, the:   “state trustee[s] may limit or terminate the participation of the responsible party... when such participation is inconsistent with or in conflict with the responsibilities of the affected state trustees.” La. Admin. Code 43:115   Pursuant to NOAA regulations, the:   “[t]rustees may end participation by responsible parties who... cause interference with the trustees’ ability to fulfill their responsibilities under OPA and this part.” 15 C.F.R. Part

Proving a Claim   Injury Are there injuries to natural resources under the State’s jurisdiction?   Causation Were injuries caused by responsible parties release of oil or hazardous substances, including those injuries that occurred as a result of response actions?   Damages What is the value of the injury, including value of injured resources, impairment of use of those resources, and costs of assessment?