Course

Natural Resource Damage Assessment Workshop


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Course Title: Natural Resource Damage Assessment Workshop
Course ID: POL-400
Status: CLOSED
Date(s): June 17, 2014: 8:30am - 4:30pm
June 18, 2014: 8:30am - 4:30pm
Location: The University Place Hotel and Conference Center

Portland, OR
Instructors: Dr. Mike Johns
Ron Gouguet
Tuition: $645 / $595*
$545 / $495* (Before May 17, 2014)
Class is Closed

 

Description:

In this one day workshop, attendees will learn the regulatory basis, current practice, and the application of tools and techniques for conducting natural resource damage assessments (NRDA). Attendees will also learn what characteristics could make a particular site vulnerable to an NRD claim, how a damage assessment is conducted, approaches for bracketing potential liability, and approaches to resolving an NRD claim. NRDA provisions are contained in federal law (CERCLA, FWPCA, and OPA) and many state statutes. If a particular site (either aquatic or upland) has received hazardous substance or oil contamination, even if the contamination has been remediated, the responsible party may still be liable through a NRD claim for “interim lost resources and their services”.  This material will assist the attendees in understanding and navigating the sometimes arcane and complex technical aspects of an NRDA.

Attendees will learn the basics of NRDA law and regulations, the concept of making the public whole for losses, potentially responsible party (PRP) defenses to NRDA claims, trustee burden of proof, causation, and other issues. The major phases of NRDA from discovery, injury assessment, lost services calculation, restoration planning and benefits calculation and the settlement process will be covered.  Participants will learn about the spectrum of approaches to NRDA ranging from fully collaborative efforts between the trustees and PRP, arms length negotiations to full-blown courtroom litigation.   Additionally, participants will learn how to coordinate remedial and NRDA activities at sites to take advantage of synergies in field sampling, site characterization, mapping, etc.

Attendees at the workshop will learn about ecological environmental benefits analysis (ecosystems services accounting), including the development of a natural resource “Debit” and “Credit evaluation. The “debit’ module will focus specifically on the applied science and techniques used in for accounting for losses of the multiple types of natural resource services that could be affected by oil or chemical releases.   Specific tools and approaches for several resource categories will be introduced with examples from completed NRDA cases or hypotheticals that employed ‘injury metrics’ such as biological survey information, sediment chemical quality guidelines, tissue chemical concentrations, etc. An overview of spatial analysis methods (using GIS), resource ‘exchange values‘and loss of services calculation (using Habitat Equivalency Analysis, HEA), etc. will be discussed.

The “credit module will cover how restoration “credit” can be calculated to off-set natural resource ‘debit’. Application of habitat quality information, determination of initial ‘baseline’ condition, estimation of ‘service lift’ and resource ‘exchange values‘ for restoration actions will be discussed.   Tools and methods for ‘net service’ accounting using GIS and HEA will be demonstrated using settled case and hypothetical examples.

Intended Audience:

This course is intended for environmental professionals, consultants, researchers, students, industrial site owners and operators, and government agencies such as USDA, DOD and DOE.  It is designed for professionals related to oil or chemical contaminated sites. Environmental professionals seeking a greater understanding of natural resource damage assessment claims and their resolution also will greatly benefit from this workshop. 

Continuing Education Units: 1.30 CEUs

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Course Topics

·       NRDA approaches from fully collaborative efforts between the trustees and PRP, arms length negotiations to full blown courtroom litigation. 

·       Development ‘injury metrics’ such as

o biological survey information,

o sediment chemical quality guidelines,

o tissue chemical concentrations, etc. 

·       An overview of spatial analysis methods (using GIS),

·       Resource ‘exchange values‘ for losses and gains

·       Loss and gains in services calculation (using Habitat Equivalency Analysis, HEA), etc.

·       Application of habitat quality information, determination of initial ‘baseline’ condition, estimation of ‘service lift’ and resource ‘exchange values‘ for restoration actions

·       Tools and methods for ‘net service’ accounting using GIS and HEA will be demonstrated using settled case and hypothetical example

·       Application of NRDA techniques to ESSA

About the Instructors

Dr. Mike Johns

Dr. Mike Johns

Dr. Johns is an aquatic scientist who specializes in aquatic ecological risk assessments (ERAs), particularly those associated with contaminated sediment. The focus of his 30 years of professional experience has been on the effects of toxic pollutants on aquatic organisms. Dr. Johns is responsible for the management of large, multi-task, multi-disciplinary environmental investigations, including remedial investigation/feasibility studies (RI/FSs) and natural resource damage assessments (NRDAs). He has served as the program manager for investigations at several large Superfund sites, including the Lower Duwamish Waterway RI/FS and the Portland Harbor ERA. Dr. Johns has also served in an advisory capacity as a technical expert in the regulatory arena, providing technical review and comments on proposed environmental regulations. In addition, he has provided technical support to clients involved in litigation regarding mining sites, petrochemical facilities, heavy industrial sites, and ports.

As a principal investigator at the EPA National Research Laboratory in Narragansett, Rhode Island, he served as assistant technical director of the joint EPA/US Army Corps of Engineers (USACE) Field Verifications Program, one of the first comprehensive programs to assess the impacts of contaminated sediment on aquatic species, and one of the first applications of an ERA to contaminated sediments. Dr. Johns is a recognized expert on the use of bio-assessment techniques to evaluate sediment contamination, and he was responsible for the development of the Neanthes bioassay used by EPA and USACE.

Ron Gouguet

Ron Gouguet

Mr. Gouguet is an ecological risk assessor and restoration expert with more than 29 years’ experience in natural resource damage assessment (NRDA). As a multi-disciplinary expert, Mr. Gouguet has led integrated remediation and restoration planning efforts within the EPA’s Superfund program and for Resource Conservation and Recovery Act (RCRA) and state-lead sites in Texas, Louisiana, Delaware, and Oregon. During his career, he has been involved in cleanup and restoration efforts at approximately 85 hazardous waste sites and responded to more than 10 chemical or oil spills.

Mr. Gouguet’s specialties are consensus building and combining the response and restoration processes. He is a proponent of integrating remedial investigation, risk assessment, NRDA, restoration planning, and project construction. To meet these objectives, Mr. Gouguet seeks to identify common goals and establish trust among all interested parties. He then advocates the use of shared databases, geographic information systems, and other information visualization techniques to transparently share information, reach consensus, and promote informed decisions. EPA and NOAA have acknowledged his success in these efforts. They have awarded Mr. Gouguet several bronze medals for his contributions to successful remediation and restoration projects.

What to Bring

A laptop with MS Excel installed for simple HEA, a notebook and several pencils. Drinks and snacks will be provided each day. Lunch will be on your own.

Billing Information

In order to guarantee a space in a course, the tuition must be paid in full TWO WEEKS before the first day of the course by either check or credit card. State and government agencies paying with a purchase order are allowed payment under the two-week time frame if a copy of the purchase order is received by NWETC.

If You Need to Cancel

Cancellations*

  • With 31 or more days notice, we will offer a 100% refund or credit towards a future course. The credit is good for one year and may be applied to any course.
  • With 30-8 days notice, we will offer a course credit towards a future course. The credit is good for one year and may be applied to any course.
  • With fewer than 8 days notice, there is no course credit available


*Please note that attendee replacement is welcome at any time

Disability Accommodations

Disability Accommodations:

To request disability accommodations, please contact us at info@nwetc.org or 425-270-3274 at least 30 days prior to the event.


Directions

  • From:

  • To:
  •   310 SW Lincoln St Portland, OR 97201

Accommodations

 



*Reduced tuition available to employees of Native American tribes, nonprofits, and government agencies; students; and NAEP members.

If you have any trouble registering please call (425) 270-3274 ext 103
Please wait to receive a course confirmation email, roughly one month prior to the class, before making any travel arrangements. Please review what to bring!

 

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