Originally from Navigating Maritime Arbitration: The Experts Speak - Second Edition

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I. INTRODUCTION

Alternative Dispute Resolution (“ADR”)  is often used in land-based pollution cases involving the release of hazardous substances, but is seldom if ever employed to resolve environmental damage claims arising from the accidental discharge of oil from ships. This chapter will examine some of the general problems associated with the use of ADR to address natural resource damage claims, as well as the potential advantages of ADR—especially arbitration and mediation—in achieving a prompt and fair resolution of such claims in ship-source pollution cases. 

II. USE OF ADR IN LAND-BASED ENVIRONMENTAL CASES

The U.S. Environmental Protection Agency (“EPA”) and the Army Corp of Engineers have frequently used ADR to resolve conflicts over environmental issues such as the siting and permitting of dams, mines,  waste treatment plants and other industrial facilities, cleanup of Superfund sites mandated by the Comprehensive Environmental Response Compensation and Liability Act (“CERCLA”), and the allocation of costs among potentially responsible parties (“PRPs”) for cleanup, remediation and damage to natural resources.