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- Title
The Verdict on Environmental Harm: Leave it to the Jury.
- Authors
Loum, Mary
- Abstract
The appropriate way to value damage to a natural resource is constantly a contentious point in litigation, in particular with regards to nontangible environmental harms. A commonly used method of assessing the value of intangible environmental damages is contingent valuation. Contingent valuation uses a survey to poll the general public and place value on the natural resource in question. However, other areas of the law which value intangible harms (most notably pain and suffering damages) do not require a valuation of any type; instead pure jury discretion is used. Given the similar rationale for awarding damages for both pain and suffering and intangible environmental harm, a pure jury determination of the damages seems appropriate. This Note examines the recent Ninth Circuit Decision United States v. CB & I Constructors, Inc., which upheld a jury determination of the value of damage caused by a wildfire in a national forest. While jury determinations of intangible environmental harms should be allowed, the opinion lacked discussion of why jury determinations are appropriate. In response to the case, the California legislature passed a bill limiting damages from wildfires. Because this bill forces litigators to use problematic valuation methods such as contingent valuation and more or less forbids pure jury determinations, it is a step in the wrong direction.
- Subjects
UNITED States; UNITED States. Court of Appeals (9th Circuit); JURY; LIABILITY for environmental damages; CB &; I Constructors Inc.; WILDFIRES; FOREST reserves; LEGISLATION; LAW
- Publication
Ecology Law Quarterly, 2013, Vol 40, Issue 2, p385
- ISSN
0046-1121
- Publication type
Article