Recovering for marine life damage: legal aspects of allocating social costs and protecting public interests

Conference · Sat Jan 01 00:00:00 EST 1977 · EPA-API-USCG Joint Spill Conf.; (United States)

OSTI ID:6888936

Lutz, II, R E; Meck, J P

Determining and evaluating wildlife damage is becoming a necessary procedure in the settlement or adjudication of harm resulting from major oil spills. This is especially so in light of the several present and the many proposed compensation funds which provide for wildlife damage. Once a dollar figure is ascertained, various methods are available in compensating for these damages. In determining damages, 2 basic problems exist. First is the question of who owns the wildlife or who can assert a claim to ownership of the wildlife. Second, how can the act and extent of damage to wildlife be assessed. Ascertaining the fact and extent of damages must be reasonably certain and not speculative. Such certainty can be determined from statistical estimations based on adequate sampling or inventories. Wildlife damage resulting from a major oil spill can amount to many millions of dollars. Arriving at the final figure in most instances necessitates addressing 2 issues: (1) placing a dollar figure on wildlife species having no current market value; and (2) calculating the damage of the destroyed wildlife in the context of the relevant ecosystem. (48 refs.)

• Research Organization: McGeorge Law Sch
• OSTI ID: 6888936
• Report Number(s): CONF-770325-
• Journal Information: EPA-API-USCG Joint Spill Conf.; (United States), Conference: Oil spill conference, New Orleans, LA, USA, 8 Mar 1977
• Country of Publication: United States
• Language: English

Related Subjects

02 PETROLEUM
54 ENVIRONMENTAL SCIENCES
29 ENERGY PLANNING
POLICY AND ECONOMY
AQUATIC ECOSYSTEMS
BIOLOGICAL EFFECTS
DAMAGE
OIL SPILLS
ENVIRONMENTAL EFFECTS
COST
EVALUATION
LEGAL ASPECTS
SOCIAL IMPACT
ECOSYSTEMS
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520200 - Environment
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530200 - Environmental-Social Aspects of Energy Technologies- Assessment of Energy Technologies- (-1989)