If coordination of remediation and restoration under CERCLA is such a good idea, why is it not practiced more widely? 2023

Ralph G Stahl, and Jeffrey Martin, and Theodore Tomasi, and Barbara J Goldsmith
DuPont Company (Retired). Wilmington, Delaware, USA. Electronic address: rgstahljr60@gmail.com.

Decades of practice have demonstrated favorable outcomes when restoration is considered early in the remedial process, especially when parties have an opportunity to avoid litigation over natural resource damage (NRD) claims. However, these two separate processes are most often done sequentially - with clean up decisions for contaminated sites made during the remedial investigation and feasibility study process and restoration of injured resources during a subsequent natural resource damage assessment. Coordinating these processes offers many advantages for remediating and restoring hazardous waste sites. In this paper, we illustrate why this is true, and explore reasons why it is not practiced more universally. Coordination can generate savings by reducing the amount of time and money required to address natural resource damage claims and build trust among stakeholders. Yet, there are barriers to coordination, such as uncertainty over the benefits that restoration will generate, or the potential risk that undertaking coordination could be viewed as admitting to liability for harm to natural resources. Existing federal statutes also can be an obstacle because they bifurcate remediation and restoration. The economic, legal and policy issues relevant to the integration of remediation and restoration were examined, and how they might be used to encourage early coordination. Habitat equivalency analysis was used to illustrate the tangible natural resource service gains that can be achieved when the processes are coordinated. Selected site-specific examples were drawn upon where coordination occurred and documented. This information was augmented with the results of a survey of companies about their experience with coordination. Finally, we discuss the potential policy and legal approaches that might help bring remediation and restoration together and result in improved practices nationwide, and thereby provide benefits to industrial parties, government, and affected communities alike.

UI MeSH Term Description Entries
D003247 Conservation of Natural Resources The protection, preservation, restoration, and rational use of all resources in the total environment. Carrying Capacity,Deforestation,Desertification,Environmental Protection,Natural Resources Conservation,Protection, Environmental,Capacities, Carrying,Capacity, Carrying,Carrying Capacities,Conservation, Natural Resources
D006076 Government The complex of political institutions, laws, and customs through which the function of governing is carried out in a specific political unit. Governments
D000067936 Natural Resources Materials or substances such as land, timber, fresh water, fossil fuels, or mineral deposits that occur in a natural state and have economic value or usefulness to humans. Land Supply,Land Supplies,Natural Resource,Resource, Natural,Resources, Natural,Supplies, Land,Supply, Land
D017753 Ecosystem A functional system which includes the organisms of a natural community together with their environment. (McGraw Hill Dictionary of Scientific and Technical Terms, 4th ed) Ecosystems,Biome,Ecologic System,Ecologic Systems,Ecological System,Habitat,Niche, Ecological,System, Ecological,Systems, Ecological,Biomes,Ecological Niche,Ecological Systems,Habitats,System, Ecologic,Systems, Ecologic
D052918 Environmental Restoration and Remediation Restoration of an environment, ecosystem, or habitat that was physically damaged during land development or by natural disaster, or contaminated by ENVIRONMENTAL POLLUTANTS. This is accomplished by various chemical, biological, and bulk movement methods, in conjunction with ENVIRONMENTAL MONITORING. Environmental Cleanup,Environmental Remediation,Environmental Restoration,Pollution Remediation,Site Remediation,Cleanup, Environmental,Cleanups, Environmental,Environmental Cleanups,Environmental Remediations,Remediation, Environmental,Remediation, Pollution,Remediation, Site,Remediations, Environmental,Remediations, Site,Restoration, Environmental,Site Remediations

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