Natural Resource Damages

• New Jersey Dep't of Envt'l Prot. v. Exxon Mobil Corp., Dkt. UNN-L-3026-04, 5/26/06 Opinion (Judge Anzaldi) granted in part and denied in part cross motions for summary judgment regarding liability for natural resource damages. The Court held Exxon Mobil strictly liable under New Jersey's Spill Compensation and Control Act for the costs of restoration for natural resources damaged or destroyed by a discharge of hazardous substances. A portion of that opinion, which denied liability for loss of use damages associated with the discharges was taken on appeal. The Appellate Division ruled, in New Jersey Dept. of Envtl. Prot. v. Exxon Mobil Corp., 393 N.J. Super. 388 (App. Div. 2007)(reversing a grant of summary judgment and finding that an entity may be strictly liable under the New Jersey Spill Compensation and Control Act, N.J.S.A. 58:10-23.11 to -23.24, for damages for the loss of use of natural resources that are adversely affected by the entity's discharge of hazardous substances)
  
  

• Kanner & Ziegler, Understanding and Protecting Natural Resources, 17 Duke Environmental Law & Policy Forum, p. 119 (Fall 2006)
  
  
• Kanner, Unjust Enrichment In Environmental Litigation, 20 Journal of Environmental Law & Litigation, p. 111 (Spring 2005).
  
  
• Kanner, The Public Trust Doctrine, Parens Patriae, and the Attorney General As the Guardian of the State's Natural Resources, 16 duke environmental law & policy forum, p. 57 (Fall 2005)
  
  
• Kanner & Nagy, Measuring Loss of Use Damages in Natural Resource Damage Actions, Columbia Journal of Environmental law, (2005) Vol. 30, No. 2, p. 417
  
  
• Kanner, Tribal Sovereignty and Natural Resource Damages, Public Land and Resource Law Review, University of Montana School of Law (Spring 2004), Vol. 25, p. 93.