Our team is led by a former senior EPA attorney who helped write the initial rules upon which the national CERCLA Natural Resource Damages (NRD) enforcement program is based. With this valuable insider-insight, we offer clients unparalleled knowledge of federal and state regulatory processes and a deep understanding of the scientific, technical and economic methodologies typically used to assess and establish NRD claims. Our extensive experience in this field gives us the advantage in navigating and litigating NRD matters under CERCLA and helps us limit our clients’ exposure and liability. Since the inception of CERCLA, Preti Flaherty’s environmental attorneys (including its talented team of litigators) have been at the forefront of environmental liability matters throughout New England and the U.S.

Our extensive knowledge and experience in Natural Resource Damages includes:

  • Federal and state regulatory processes
  • Streamlining the NRD assessment process
  • Negotiating and settling NRD claims
  • Defending NRD claims
  • Coordinating cooperative assessments and settlements
  • Risk management
  • Damage assessment analysis
  • Alternative dispute resolution
  • Estimating potential NRD exposure

Leaders toward the best possible outcomes.

We’re here to minimize risk, liability and exposure. Our decades of experience handling NRD claims across the region and country show first-hand Preti Flaherty’s significant capabilities in simplifying the complex, translating data and science into economics, quantifying losses and creatively navigating regulatory frameworks to arrive at favorable outcomes for our clients. We provide guidance through the assessment process, help determine the best course of action, and advise on crisis communications to offer comprehensive solutions in this always-evolving legal environment.

Firm Highlights

Press Coverage

Looking to 'new generation,' Preti Flaherty promotes 42-year-old litigator to managing partner

Effective July 15, Michael S. Smith has been named managing partner of the law firm Preti Flaherty. Michael succeeds David Van Slyke, who will resume his role as chair of the firm’s environmental practice...

Publication

Copyright Litigation: Substantial Similarity

In copyright litigation, courts assess substantial similarity to determine if alleged copying constitutes infringement. This evaluation involves comparing works across different categories using objective measures and subjective impressions to weigh similarities and dissimilarities. Even when...

Publication

Recent Massachusetts Appeals Court Decision Holds that Construction Defects Are Not Covered by CGL Policy

The recent Massachusetts Appeals Court decision in Lessard v. R.C. Havens & Sons, Inc. (August 2024) offers important clarification for contractors, subcontractors, and insurers regarding the coverage of construction defects under commercial general liability...

News

Matthew C. Worthen Joins Preti Flaherty’s Real Estate and Finance Practice Group

Preti Flaherty is pleased to welcome Matthew C. Worthen as a Director in the firm’s Real Estate and Finance Group. Worthen previously served as a Shareholder and Chair of the Real Estate Group at...

Event

2024 Maine Employment Law Summit

Join us for Preti Flaherty's 2024 Maine Employment Law Summit! For almost three decades, Preti Flaherty's Employment Law team has delivered practical insights and best practices to Maine employers at our annual fall Employment...

Publication

Maine DEP Issues PFAS in Products Concept Draft Rule

The Maine DEP’s PFAS in Products Program has released its long-awaited Chapter 90 concept draft language (the “PFAS in Products Rule”) for implementation of Maine’s recently-amended “PFAS in Products Law.” The concept draft provides...

Publication

Supreme Court Clarifies Constitutionality of Outdoor Camping Bans

Earlier today the United States Supreme Court issued its decision in the  City of Grants Pass, Oregon v. Johnson et al. , overturning a 2019 decision from the 9 th  Circuit Court, which held...

News

Preti Flaherty Names Michael S. Smith as Managing Partner

Preti Flaherty announced this week the election of Michael S. Smith as the firm’s new Managing Partner, effective July 15, 2024. He succeeds David Van Slyke, who is resuming his role as chair of...

Press Coverage

Portland law firm Preti Flaherty unveils renovated HQ space

Preti Flaherty has remodeled its Portland headquarters, spanning three floors and 41,000 square feet at One City Center. The update features hybrid workstations, collaborative areas, and an internal staircase that integrates flexible conference and...

News

36 Preti Flaherty Attorneys, including 4 “Ones to Watch” Recognized by National Directory

Thirty-six Preti Flaherty attorneys, including four “Ones to Watch,” have been named to Best Lawyers in America 2025, a highly regarded directory of attorneys and law firms in the United States. The individual attorneys...