The Utility of Non-Use Values in Natural Resource Damage Assessments

19 Pages Posted: 27 Jun 2005

Abstract

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.

Keywords: CERCLA, natural resource damages, damage assessments, Chevron

JEL Classification: K23, K32

Suggested Citation

Czarnezki, Jason J. and Zahner, Adrianne K., The Utility of Non-Use Values in Natural Resource Damage Assessments. Boston College Environmental Affairs Law Review, Vol. 32, No. 509, 2005; Marquette Law School Legal Studies Paper No. 06-10. Available at SSRN: https://ssrn.com/abstract=747727

Jason J. Czarnezki (Contact Author)

Pace University - School of Law ( email )

78 North Broadway
White Plains, NY 10603
United States

Adrianne K. Zahner

Independent ( email )

No Address Available

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