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Laws and Regulations/Legal Documents: Federal Register Notices
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Nationwide

  • Natural Resource Damage Assessments, 67 Federal Register 190, 61438 (October 1, 2002). On January 5, 1996, the National Oceanic and Atmospheric Administration (NOAA) promulgated final regulations for the assessment of natural resource damages pursuant to section 1006(e)(1) of the Oil Pollution Act of 1990. The final regulations were challenged, pursuant to section 1017(a) of OPA. On November 18, 1997, the U.S. Court of Appeals for the District of Columbia Circuit issued a ruling on the final regulations (General Electric Co., et al., v. Commerce, 128 F.3d 767 (D.C. Cir 1997)). On July 31, 2001, NOAA published proposed amendments to the final regulations to address the remanded issues and to propose some clarifying and technical amendments in other parts of the regulation (66 FR 39464). The final rule of October 1, 2002, addresses the remanded issues and comments received.
  • Natural Resource Damage Assesments, 66 Federal Register 147, 39464 (July 31, 2001). Proposed Oil Pollution Act amendments released: The Federal Register published the proposed amendments to the final rule on natural resource damage assessments under the Oil Pollution Act (OPA) of 1990. These amendments are required by a court remand. On January 5, 1996, NOAA issued a final rule for the assessment of natural resource damages under OPA (i.e., a process by which natural resource trustees can effectively restore natural resources and their services injured by oil spills). The final rule was challenged and on November 18, 1997, the U.S. Court of Appeals for the District of Columbia Circuit remanded to NOAA two issues: (1) authorization for the removal of residual oil by trustees as part of a natural resource restoration action, and (2) the scope of authorization for recovery of legal costs. The proposed amendments address the remand issues and include some clarifying and technical changes to other parts of the rule. Due to the events of September 11, 2001, the public comment period was extended by 30 days. The notice to extend the comment period was published in the October 5, 2001, Federal Register.

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Southeast

  • Lavaca Bay, TX—Announcements of availability of final damage assessment and restoration plans/environmental assessments for Lavaca Bay, Texas, due to hazardous substances releases from the Alcoa Point Comfort/Lavaca Bay NPL site:
  • Florida Mystery Oil Spill—Announcements of availability of restoration plans/environmental assessment for the August 8, 2000, oil spill.

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