Be part of a one-of-a-kind Natural Resources Symposium.

The 2013 Symposium will be the ninth such program convened by the Ad-Hoc Industry Natural Resource Management Group (Group) since 1999. The theme of this year’s program “Natural Resource Liability and Optimization Game Changers -- Economic Efficiency, Risk Tradeoffs, Energy Exploration and Biodiversity” was chosen to consider and discuss natural resource liability and optimization issues in the context of four key “game changers” as noted above. This year’s Symposium both builds upon and furthers the discussions of the Symposia held in 2009 and 2011 area by looking at fresh approaches for managing, assessing and resolving natural resource liability matters, while examining the broader context in which such issues reside -- today and into the future.

Over the years, the Group’s Symposia, which are convened approximately every two years, have enabled multi-stakeholder examination of real time policies and practices related to the interface between natural resources and industrial operations -- with a strong focus on innovative and cutting-edge approaches. As such, the Symposium serves as the only continuing national and international forum for the collective review and analysis of natural resource policy and practice regimes, in the US and elsewhere. The broad spectrum of public and private sector participants are able to address the full gamut of legal, scientific, economic, regulatory and other influences affecting the management of natural resources.

What to Expect at the 2013 Symposium

The Symposium will bring together an outstanding collection of speakers -- ranging from government policy makers -- to managers responsible for implementing corporate and government policies -- to attorneys, consultants, academics and other experts working in-the-trenches on natural resource matters. As in years past, the Symposium will provide a unique forum for presentation, discussion and exchange, aimed at identifying what is needed now and moving forward, to ensure a reasonable, balanced and predictable practice arena for all stakeholders.

Participants will take away pragmatic ways to think about and address natural resource issues in a broader context, thereby facilitating inventive practices and solutions in order to get to a “win-win” result. The Symposium will help industrial companies shape corporate strategies; provide insight to government decisionmakers relative to formulating and implementing policies; and give diverse practitioners the methods and tools to facilitate natural resource damage assessment and restoration of resource services while maximizing conservation opportunities.

The Changing Landscape of Natural Resource Issues

Liability for natural resource damages (NRD) was first introduced in the United States in 1980 under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or “Superfund”), establishing a legal framework for the recovery of damages by government authorities from responsible parties to restore injured, destroyed or lost natural resources resulting from the release of hazardous wastes or oil. Early in the practice, claims and actions were focused on the recovery of monetary damages within CERCLA’s statute of limitations¹. In 1990, similar provisions were passed relative to oil spills under the Oil Pollution Act (OPA). Over the 30-plus years since CERCLA was passed, there have been changes in policies and practices (and in society itself) related to natural resource risks, responsibilities and opportunities, including those described below. These changes have been witnessed both in the US and abroad, including the development of similar liability regimes in Europe and other regions around the globe.

In recent years, there has been an increasing focus on restoration of the services or uses of natural resources, including the use of scaling techniques to identify needed compensatory restoration (first introduced under OPA and subsequently adopted in 2004 by the European Union). Another example includes recent identification and implementation (in the context of the Deepwater Horizon natural resource damage assessment) of “early restoration” projects, aimed at restoring resources and related services back into public use before formal completion of scientific assessments. New techniques for collecting and managing very large amounts of data have been developed in the context of the Deepwater Horizon and Arctic exploration, which hold great promise for use at other sites. Government and industrial parties alike undertaking cooperative assessments have recognized potential benefits and cost efficiencies associated with working together. The practice arena has also created opportunities for consideration and treatment of broader issues including sustainability, carbon sequestration and environmental justice -- thereby optimizing natural capital, coordination with cleanup activities, ecosystem service valuation and enhancement of natural resources owned by individual companies.

Natural resource issues affect every company.

In the United States, thousands of sites nationwide have the potential for natural resource claims under a variety of federal or state laws, including those on the US EPA’s National Priorities List of Superfund sites. Moreover, in today's complex world, accidental spills and releases will occur and natural resources and the services they provide to the public may be affected by such events. As such, the limits to natural resource liability must be well-defined, providing reasonable predictability and certainty, while still maintaining flexibility to tailor responses to site-specific situations. A well-honed practice arena can enable companies to better address liability and management issues in ways which are consistent with overall corporate objectives, including risk management and corporate social responsibility.

Outside the US, natural resource prevention, liability and restoration schemes are still evolving. For example, in Europe, a limited number of cases (approximately 50) have arisen thus far under the EU Environmental Liability Directive, a regime that has similarities to the US NRD program. As such, there is much effort by government authorities and operators to develop sound approaches aimed at preventing incidents that could give rise to negative impacts on natural resources.

¹ The Statute of Limitations to bring a claim for NRD under CERCLA is (a) within three years after completion of a remedial action for NPL sites, Federal Facilities, and facilities at which a remedial action under CERCLA is otherwise scheduled; or (b) within three years of the date of discovery of the loss for other sites.