The Utility of Non-Use Values in Natural Resource Damage Assessments
Jason J. Czarnezki
Vermont Law School - Environmental Law Center
Adrianne K. Zahner
Boston College Environmental Affairs Law Review, Vol. 32, No. 509, 2005
Marquette Law School Legal Studies Paper No. 06-10
Non-use values are frequently underestimated or ignored in natural resource damage assessments, despite the fact that there are significant social and economic benefits to assessing costs for lost non-use values. The regulations of the Department of the Interior, which bind some CERCLA trustees, create unusual barriers to the consideration of non-use values and are potentially vulnerable to a reasonableness challenge under Chevron v. NRDC. Trustees who are not bound by the DOI regulations should consider calculating and assessing non-use values because of the economic and social benefits of recognizing non-economic injury caused by the destruction or degradation of natural resources.
Number of Pages in PDF File: 19
Keywords: CERCLA, natural resource damages, damage assessments, Chevron
JEL Classification: K23, K32Accepted Paper Series
Date posted: June 27, 2005
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