Conference Information
The Law of Ecosystem Restoration:
National Policy Implications of the Clark Fork River Basin Natural Resource Damage Program
September 25-27, 2006
Missoula, Montana
In 1983, the State of Montana filed a natural resource damage (NRD) lawsuit against ARCO to recover damages for mining-caused injuries to the Clark Fork River Basin’s water, soils, vegetation, fish and wildlife, and for the public’s lost use and enjoyment of these resources. As part of a 1999 settlement, the state received $215 million, including about $130 million earmarked to restore or replace the injured resources. While the state’s NRD litigation is not fully resolved, major steps are already underway to restore or improve the injured natural resources and the recreation opportunities that accompany them.
For example, the NRD program will help fund full restoration at the confluence of the Blackfoot and Clark Fork rivers, where a multi-party consent decree signed in 2005 (pursuant to a separate Superfund enforcement action) will result in the historic removal of the Milltown Dam and the tons of toxic sediments contained in its reservoir.
Many issues raised in the ongoing Clark Fork River Basin restoration reflect national concerns about natural resource damage assessment and implementation. This conference will provide insights into current NRD law and policy developments, with a look ahead at possible resolutions in the Clark Fork River Basin and beyond. Among the questions to be addressed: What is the best way to address the diverse needs and concerns of multiple stakeholders in an affected area? What is the appropriate balance between assessing damages for past harms and fully restoring the impacted resources? In the face of scientific uncertainty and ongoing conflicts among affected groups, how can implementation be assured for the long-term health of the impacted environment and human communities? What lessons from the Clark Fork River Basin might be translated into national policy initiatives or applied in NRD programs elsewhere?
This conference offers eleven (11) Continuing Legal Education credits for attorneys. The program will also be of interest for federal, state, tribal, and local policy officials and resource managers; scholars; and representatives of industry, environmental, and community development groups involved in ecosystem restoration. There will be ample opportunity to participate in facilitated discussions with panel members and to speak with them outside of their presentations. Some of the speakers will publish their presentations as articles in the Public Land & Resources Law Review.
