Penalty vs. CompensationBrian Reilly

Cardno

The goal of any Natural Resource Damage Assessment is to compensate for the spill-related reduction in ecological service provision.

NRDA

> NRDA is not Punitive> NRDA is Compensatory> NRDA does not Punish > NRDA Compensates for lost Ecological Services

Penalty ?

What are ecosystem services?

They are the benefits people obtain from ecosystems > Supporting – the foundation for all ecosystem services such

as the nutrient cycle or primary production> Provisioning – services that provide people with products

such as food and water> Regulating (structural) – environmental benefits such as

waste treatment or flood protection> Cultural – recreational benefits or the aesthetic value of

nature

Ecosystem Services

NRDA compensates for lost services

Lost Services

Compensation often takes the form of ecological restoration> Trustees develop restoration plans to guide restoration

decision and activities> Restoration must be reasonable and cost-effective> Plans are open for public comment

Restoration Plans

Restoration

OPA requires the Responsible Party to pay for all aspects of the release.

> Response> Natural Resource Assessment> Restoration

Who Pays?

The Public

NRDA is not a penalty

The RP compensates for any interim loss in ecosystem service provision

> Compensation can take the form of ecological restoration

> The RP compensates public agencies for Assessment Costs

The Point