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LIRA@BC Law

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.

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2.pdf
6 Sep 2022
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Metadata

  • Subject
    • Environmental Law

  • Journal title
    • Boston College Environmental Affairs Law Review

  • Volume
    • 32

  • Issue
    • 3

  • Pagination
    • 509

  • Date submitted

    6 September 2022