Natural Resource Damage Assessments

On January 5, 1996, the National Oceanic and Atmospheric Administration (NOAA) promulgated final regulations for the assessment of natural resource damages pursuant to section 1006(e) of the Oil Pollution Act of 1990. These final regulations, codified at 15 CFR Part 990, were published at 61 FR 440. The final regulations were challenged, pursuant to section 1017(a) of OPA, and, on November 18, 1997, a ruling on the final regulations was issued by the U.S. Court of Appeals for the District of Columbia Circuit (General Electric Co. v. Commerce, No. 96-1096 (D.C. Cir., Nov. 18, 1997)). Two issues were remanded to NOAA for further agency decisionmaking--the scope of authorization for recovery of legal costs and authorization for the removal of residual oil by trustees as part of a natural resource restoration action. This request seeks public comment on the issue involved in the authorization for the removal of residual oil by trustees as part of a natural resource restoration action. The issue of the scope of authorization for recovery of legal costs may be sought through publication of a future request for comments.