ELR Citation: ELR 21378
No(s). 93-35852 (9th Cir. Aug 23, 1994)

The court holds that res judicata bars sportfishers' claims for loss of use and enjoyment of natural resources as a result of the 1989 Exxon Valdez oil spill in Prince William Sound, off the coast of Alaska. After plaintiffs filed their claim, the United States and the state of Alaska entered into a settlement agreement with the ship's owner on behalf of the public for damages for environmental restoration and lost public uses of natural resources. The court first holds that the U.S. and Alaska governments are entitled, as public trustees under §311(f)(5) of the Federal Water Pollution Control Act (FWPCA) and §107(f)(1) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), to recover for all lost-use damages from the time of the spill until cleanup. Case law and the language, underlying policy, and legislative history of the FWPCA and CERCLA reveal that the U.S. Department of the Interior's natural resource damage assessment regulations do not limit trustee recovery to injuries remaining after cleanup. Nor do the regulations reserve a portion of lost-use damages for recovery by private parties. The court next holds that res judicata bars plaintiffs' claims. Plaintiffs, as members of the public, were "parties" to the governments' suit. The governments represented the interests of all their citizens, including plaintiffs, under the parens patriae doctrine. Also, the issues in the governments' and the sportfishers' cases are identical, and plaintiffs seek the same damages that were recovered under the consent decree.

Counsel for Plaintiffs
Richard A. Jameson
Jameson & Associates
500 L St., Anchorage AK 99501
(907) 272-9377

Counsel for Defendants
E. Edward Bruce
Covington & Burling
1201 Pennsylvania Ave. NW, Washington DC 20044
(202) 662-6000

Before Goodwin, Nelson and Hall, JJ.: