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Natural resource damages are rarely at the forefront of a potentially responsible party’s mind when that party enters an environmental remediation. When approaching a remediation, parties, as well as enforcement agencies, tend to focus on—you guessed it—remediating. But in many cases, a successful remediation does not account for restoration. And though the parties may not have coordinated a restoration plan as a part of the remediation, a number of federal and state statutes do account for restoration, under natural resource damages provisions. Accordingly, parties who fail to consider natural resource damages during the remediation may find that they are not out of the woods yet in terms of potential liability.

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