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Cultural Capital: Ninth Circuit Clarifies Extent of Natural Resource Damages Under CERCLA
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Recent Contributors to The National Law Review
24-5565), reversed a district court decision that found cultural resource damages claims impermissible under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA).
In doing so, the Ninth Circuit interpreted the law to ensure full compensation for direct and indirect natural resource damages consistent with CERCLA’s remedial purpose.
The district court ruled against the Tribes, holding that CERCLA does not provide for “cultural resources” damages claim.
The Decision: Cultural Uses of Natural Resources are CompensableOn appeal, the Tribes clarified they were not seeking damages for injury to “cultural resources” in the abstract.
As a result, PRPs should continue to account for comprehensive natural resource damages claims under CERCLA.
['circuit'
'expands'
'damages'
'tribes'
'claims'
'cercla'
'natural'
'resources'
'cultural'
'resource'
'lost'
'uses'
'ninth']