Natural Resource Damage Assessment: Methods and Cases

% of All Cases
70
60
50
40
30
20
10
0
644 cases
2,597 cases
157 cases
0-49 50 51-100 101-500 501-1,000 1,001-5,000 5,000+
Figure 2.6 Damages in Florida Cases, 1995-2001
Source: Data from Florida DEP.
360 cases
NRD $ Billed
40
120 cases 103 cases
33 cases
The habitat factors have the appearance of mean values per unit of resource damaged.
Such values could be obtained from a meta-analysis of previous valuation studies. It is not clear
from the statute where the habitat factors in the Florida assessment method come from. If they
are based on some such analysis, then this forms a reasonably good foundation for a simplified
assessment of the value of the damaged resources.
However, it is not clear why there should be a term for damages associated with the
volume of the spill which is added to a term for damages associated with injured habitat. If
affected habitat does not fall into one of the listed categories (coral reef, sandy beach, etc.) then it
may make sense to estimate the damages just as a function of the volume, type, and location of
the spill. If, on the other hand, oil is spilled right on top of a sandy beach, then it seems as though
adding damages from the first term to damages from the second term is redundant, and may
amount to double counting. This equation only makes sense if there is some damage associated
with the mere fact of a discharge that is independent of the exposure of ecological systems to
pollutants and the deaths of endangered species.
III. Simplified NRDA for groundwater contamination
CERCLA provides trustee agencies with a mandate to recover NRDs from parties
responsible for discharging hazardous materials into the environment. While some NRD cases
that states have pursued under CERCLA have been for recent releases, most have pursued