ABSTRACT
On June 24, 1989, the Uruguayan merchant marine tanker Presidente Rivera, loaded with 19 million gallons of No. 6 fuel oil, ran aground in the Delaware River near Marcus Hook, Pennsylvania, spilling between 200,000 and 300,000 gallons of oil. Currents spread the oil over approximately 29 miles of shoreline in New Jersey, Delaware, and Pennsylvania, reaching upstream as far as Little Tinicum Island, a wildlife refuge near Philadelphia, and downstream as far as Reedy Island, south of the Chesapeake and Delaware Canal.
Natural resources under the trusteeship of New Jersey, Delaware, Pennsylvania, the U.S. Department of the Interior, and the National Oceanic and Atmospheric Administration (U.S. Department of Commerce) were affected by the spill, including shoreline parks, fisheries, marshes, birds, and wildlife. Additionally, portions of the river were closed to vessel traffic and nearby creeks were boomed off, preventing access to marinas and boat ramps.
After three years of damage assessment, pretrial discovery, and negotiations, the trustees reached a settlement on natural resource damages with the responsible party. This paper discusses the strategy used by the trustees in developing a natural resource damage claim and highlights some of the lessons learned during the assessment and settlement process.
