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ARTICLE · 25 JANUARY 2023

Department Of The Interior Seeking Comments On NRDAR Type A Rule

Nossaman LLP
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On January 19, 2023, the Department of the Interior ("Interior") issued a 60-day advance notice of a proposed rulemaking (ANPRM) that would revise and update the regulations...

United StatesEnvironment
Brian Ferrasci-O'Malley
Brian Ferrasci-O'Malley
Reed W. Neuman
Reed W. Neuman
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On January 19, 2023, the Department of the Interior ("Interior") issued a 60-day advance notice of a proposed rulemaking (ANPRM) that would revise and update the regulations for conducting certain natural resource damage assessments and restoration activities (NRDAR). 88 Fed. Reg. 3373 (Jan. 19, 2023). Interior performs damage assessments and restoration activities in response to releases of hazardous substances that injure natural resources. The ANPRM explains that Interior is proposing to revise its standard procedures for simplified assessments that require minimal field observations (also known as the "Type A Rule"). Interior last revised the Type A Rule in November 1997 and is now asking for specific, detailed suggestions for how best to improve this manner of assessing and resolving NRDAR claims. Comments are due by March 20, 2023.

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