According DOI's interpretation the deference it is due under Chevron step two, we conclude that DOI's reliance on predictive computer submodels to establish causation and injury is both reasonable and consistent with the commands of CERCLA. Nor can our decision in General Electric Co. v. United States Department of Commerce, 128 F.3d 767 (D.C. Cir. 1997), be read to require a different conclusion here. In General Electric we were asked to pass on the National Oceanic and Atmospheric Administration's (NOAA's) regulation regarding NRD claims for releases of oil or petroleum products covered by the Oil Pollution Act of 1990 (OPA).
Id. § 2706 (c)(1) & (c)(2). The process of natural resource damage assessment (NRDA) is governed by regulations developed by NOAA. Gen. Elec. Co. v. U.S. Dept. of Commerce , 128 F.3d 767, 770–71 (Fed.Cir.1997) ; 15 C.F.R. § 990.10 et seq. At the time, the Exxon Valdez was the biggest oil spill in history, releasing more than 11 million gallons of crude oil.
Id. § 2706 (c)(1) & (c)(2). The process of natural resource damage assessment (NRDA) is governed by regulations developed by NOAA. Gen. Elec. Co. v. U.S. Dept. of Commerce, 128 F.3d 767, 770-71 (Fed. Cir. 1997); 15 C.F.R. § 990.10 et seq. At the time, the Exxon Valdez was the biggest oil spill in history, releasing more than 11 million gallons of crude oil.
(emphasis in original). In support of their position, plaintiffs cite General Elec. Co. v. United States Dep't of Commerce, 128 F.3d 767, 775 (D.C. Cir. 1997), and Oregon Natural Resources Council v. Daley, 6 F. Supp.2d 1139, 1152 (D.Or. 1998). General Electric involved a challenge to a final rule issued by the National Oceanic and Atmospheric Association ("NOAA") pursuant to the Oil Pollution Act of 1990, passed in response to the Exxon Valdez oil spill.
(emphasis in original). In support of their position, plaintiffs cite General Elec. Co. v. United States Dep't of Commerce, 128 F.3d 767, 775 (D.C. Cir. 1997), and Oregon Natural Resource Council v. Hodel, 6 F. Supp.2d 1139, 1152 (D. Ore. 1998). General Electric involved a challenge to a final rule issued by the National Oceanic and Atmospheric Association ("NOAA") pursuant to the Oil Pollution Act of 1990, passed in response to the Exxon Valdez oil spill.
Environmental and other collective concerns often have strong personal manifestations, called "passive use" or "standby value" interests. See, e.g., General Electric Co v. United States Dep't of Commerce, 327 US App DC 33, 38; 128 F3d 767 (1997). These interests ensure that environmental suits are vigorously pursued by people with a strong personal belief in their claim.
SeeBuffalo Marine , 663 F.3d at 756 ; see alsoGen. Elec. Co. v. United States Dep't of Commerce , 128 F.3d 767, 769–70 (D.C. Cir.1997) (noting that prior to passage of the OPA, damages resulting from oil spills were assessed pursuant to CERCLA). A unanimous Supreme Court has analyzed CERCLA's definition of "operator" as such:
42 U.S.C. § 9607(b), (d)(3) (emphasis added). FN25. See, e.g.,GE v. United States DOC, 128 F.3d 767, 769–70 (D.C.Cir.1997) (noting that prior to passage of the OPA, “natural resource damages resulting from oil spills were assessed pursuant to [CERCLA]”). FN26. Cf.Int'l Marine Carriers v. Oil Spill Liability Trust Fund, 903 F.Supp. 1097, 1105 (S.D.Tex.1994) (noting that “[t]he OPA section 2703(a)(3) defense is analogous to the CERCLA section 9607(b)(3) third-party defense” and concluding that the agency's broad interpretation of the phrase “any contractual relationship” was based on a permissible construction of § 2703(a)(3)).
Id. at § 990.64. For a description of these phases, see General Elect. Co. v. United States Dep't of Commerce, 128 F.3d 767, 770-771 (D.C. Cir. 1997). The OPA does not allow a party to bypass the trustee phase and file suit.
The OPA focuses on oil discharges in the nation's oceanic fishing grounds, oceans, waterways, bays, and coastlines.General Electric Co. v. U.S. Department of Commerce, 128 F.3d 767, 770 (D.C. Cir. 1997). See also Francis J. Gonynor, Dangerous Waters Without a Chart: Pollution Problems as They Relate to Tugs and Barges, 70 Tul.L.Rev. 549, 552 (1995); J.T. Smith, II, Natural Resource Damages Under CERCLA and OPA: Some Basics for Maritime Operators, 18 Tul. Mar.L.J. 1, 6 (1993) ("Indeed, the Exxon Valdez spill was a principle catalyst for the enactment of OPA in 1990.").