Professional Documents
Culture Documents
Valoracion de Activos
Valoracion de Activos
Valoracion de Activos
Natural
Assets
The
Economics
of
Natural
Resource
Damage
Assessment
This page intentionally left blank
Valuing
Natural
Assets
The
Economics
of
Natural
Resource
Damage
Assessment
Raymond J. Kopp and
V. Kerry Smith, editors
RFF
© 1993 R esources fo r the Future
S econd printing, 1995
All rights reserved. No part o f this publication may be reproduced by any means,
either electronic or m echanical, without perm ission in writing from the publisher,
except under the conditions given in the following paragraph.
E a r th s c a n
2 Park Square, Milton Park, Abingdon, Oxon, OX14 4RN
711 Third Avenue, New York, NY 10017, USA
E a r th s c a n is an imprint of the Taylor & Francis Group, an informa business
Library of Congress Cataloging-in-Publication Data
This book is the product o f the Quality o f the Environment Division, Raymond J.
Kopp, director, at Resources for the Future. The project editor for the book was
Samuel Allen and the copy editor was Linda Humphrey. The book and cover were
designed by Kelly Design. The book was indexed by Shirley Kessel.
RESOURCES FOR THE FUTURE
Directors
L aw rence E. Fouraker, Darius W. G askins, Jr. H enry R. L inden
C hair R obert H . H avem an T hom as E . L ovejoy
Joan Z . B ernstein Bohdan H aw rylyshyn L aurence I. M oss
D avid R. C hittick D onald M . K err Paul C . Pritchard
John M . D eutch T hom as J. K lutznick B arbara S. U ehling
H enry L. D iam ond Frederic D . K rupp M acauley W hiting
R obert W. Fri M ason W illrich
Honorary Director
John W V anderwilt
Officers
R obert W. Fri, P resident
Paul R. Portney, Vice P resident
E dw ard F. H and, Secretary-Treasurer
Foreword xv
Acknowledgements xvii
Contributors xix
1 Introduction 1
Raymond J. Kopp and V. Kerry Smith
1 Background 1
2 A Guide to the Volume 4
References 5
v ii
v iii CONTENTS
1 Introduction 73
2 Remedial Investigation and Damage Assessment 75
3 CERCLA’s Shortcomings 86
4 Conclusion 99
References 104
Glossary 337
Index 343
This page intentionally left blank
Tables and Figures
Tables
Figures
x iii
This page intentionally left blank
Foreword
xv
xvi FOREWORD
Paul R. Portney
Vice President
March 1993 Resources for the Future
Acknowledgements
Since 1987, when natural resource damage assessment was the concern of
a small number of environmental economists, interest in that subject has
attracted the attention of a wide range of theoretical economists and
econometricians, as well as several Nobel laureates. Thus this book,
which was intended to be an introduction to the issues in damage assess
ment, has become a vehicle for reporting on established research on the
conceptual and empirical issues raised by the litigation-driven demands
for increasingly complex natural resource damage assessments. Indeed,
the growing research devoted to measuring damages from injuries to
natural resources has transformed nonmarket valuation as it has come to
be applied in benefit-cost analysis and environmental costing.
A number of people have contributed to our research on natural
resource damage assessment at Resources for the Future (RFF) and North
Carolina State University (NCSU). The participants in the RFF-sponsored
conference in June 1988 that launched these research efforts (see chapter
1) provided an initial sounding board for the preliminary ideas of all the
authors of this volume. Special recognition should be given to Charles J.
Cicchetti, William H. Desvousges, Baruch Fischhoff, Anthony C. Fisher,
and W. Michael Hanemann, who provided written comments on individ
ual research papers on the issues involved in developing damage assess
ments, and to Nancy Firestone, Allen V. Kneese, and John V. Krutilla,
who chaired some of the conference sessions. Marc B. Carey, then a
graduate student at the School of Natural Resources at the University of
Michigan, prepared an interpretive summary of the discussions at the
conference, on which we have drawn for this book. As research pro
gressed, our colleagues at RFF and NCSU were the source of many
valuable discussions. Paul R. Portney of RFF provided significant and
constructive insights into transforming the collection of papers on research
programs into an integrated treatment of natural resource damage
assessment.
x v ii
x v iii ACKNOWLEDGEMENTS
Initial support for the 1988 conference was provided by the Alfred P.
Sloan Foundation, CIBA-GEIGY Corporation, the 3M Company, and the
General Electric Company. The Alfred P. Sloan Foundation has continued
to support Ray Kopp’s research in this area at RFF. Throughout the re
search period, the NCSU Sea Grant Program provided partial support for
Kerry Smith’s research on the theory and implementation of nonmarket
methods for assessing marine resources, under a series of three separate
grants.
Careful and detailed reviews by anonymous readers have had a sig
nificant impact on the overall structure of the volume and its chapters. The
chapters by Kopp and Smith were prepared, through numerous drafts, by
Patricia Flynn and Joy Hall of RFF and Barbara Scott of NCSU. RFF
project editor Sam Allen and managing editor Dorothy Sawicki, and copy
editor Linda Humphrey, helped to assure a more accessible final product.
Finally, our families—Linda, Kristin, and Kevin for Ray, and Pau
line, Shelley, and Tim for Kerry—provided the support and time that
sustained our efforts on research, assuring the ultimate completion of this
volume.
x ix
This page intentionally left blank
1
Introduction
Raymond J. Kopp and V. Kerry Smith
1. BACKGROUND
The origin of this volume dates to 1987, when V. Kerry Smith, one of its
editors and authors, was serving on an advisory panel for the National
Oceanic and Atmospheric Administration’s assessment of the damages to
New Bedford harbor, Massachusetts, caused by releases of polychlori
nated biphenyls (PCBs). Also on the panel were Gardner M. Brown, Jr.,
and A. Myrick Freeman III, authors of other chapters in this volume. This
assessment was part of the first federal suit brought for natural resource
damages under Superfund, known formally as the Comprehensive Envi
ronmental Response, Compensation, and Liability Act (CERCLA) of
1980. The research team conducting that assessment included Kenneth E.
McConnell and Robert Mendelsohn, also among our authors. At about the
same time, under state laws Colorado was pursuing a natural resource
damage case for injuries to land and to surface and ground waters from
mining waste. Lawyers for the defendant in that case organized a simu
lated trial, allowing their experts and Kerry Smith to present each side’s
assessment of the natural resource damages. Both the Massachusetts and
Colorado activities served to highlight important research issues that were
emerging from the interactions among the intentions of the legislation
establishing natural resource damage liability, their realization through the
rulemaking and litigation processes, and the corresponding demands im
posed on natural science and economics. While the questions being raised
appeared to be central to economic analyses of the nonmarketed services
of natural assets, we did not imagine that damage assessment would
emerge five years later as a major influence on economic research associ
ated with the nonmarket valuation of environmental resources.
The Comprehensive Environmental Response, Compensation, and
Liability Act and its reauthorizing amendments, the Superfund Amend
ments and Reauthorization Act (SARA) of 1986, established two types of
liability for past and current releases of hazardous substances. The first is
1
2 RAYMOND J. KOPP AND V. KERRY SMITH
associated with cleaning up old and abandoned hazardous waste sites, the
second with residual liability arising after cleanup. Damage claims associ
ated with injuries to natural resources are a concern under the second type
of liability. Damage awards for injuries to natural resources are intended
to maintain a portfolio of natural assets that have been identified as being
held in public trust. When injuries to these resources prevent the public
from enjoying the services of the resources, provisions under the second
type of liability allow compensation for the losses incurred from the time
an injury starts until a settlement is reached. Because this compensation is
to the public as a whole, the payment is made to a designated trustee and
the compensation takes the form of in-kind services, presumably made
available because the dollars from an award can be used to acquire or
enhance existing natural assets over and above what is done to restore the
injured natural resources to their baseline condition. Thus, the damages
can include monetary compensation for injuries to the resource sustained
prior to and during cleanup, as well as compensation for any residual
injuries remaining after sites have been cleaned to meet a human health
standard.
CERCLA was not the first legislation to identify injuries to natural
resources as compensable damages. States have brought suits parens pa
triae or under the public trust doctrine of the common law, and under the
Federal Water Pollution Control Act of 1977 (known as the Clean Water
Act). Since CERCLA does not classify petroleum products as hazardous
substances, claims for natural resource damages due to oil spills are filed
under state common law, provisions of the Clean Water Act, or provisions
of the Oil Pollution Act of 1990.1
Once aware of the issues, we recognized (as did many other environ
mental economists) that the methods being used for assessing natural
resource damages were drawn from the existing stock of nonmarket valua
tion techniques used in traditional benefit-cost studies for proposed envi
ronmental regulations. Because natural resource damage liability is a re
sidual liability, knowledgeable analysts in the private sector suggested that
one could reasonably expect growth in the number of damage cases as the
processes of proposing and finalizing assessment rules were completed
and as recognition of this residual liability aspect of the CERCLA and
SARA statutes widened.
Methods for nonmarket valuation were developed in part to help
establish whether the net benefits of a proposed action or activity would be
positive or negative. Inaccuracies in this process are usually evaluated in
1See Breen (1989) for an overview of the evolution of natural resource damage
liability.
INTRODUCTION 3
terms of how they influence conclusions about whether the net benefits
meet this test. However, damage assessment dramatically changes the
context for applying nonmarket valuation methods. Some single, identi
fied entity (but not anonymous taxpayers) pays damages based on what is
measured. Evaluations of those measures take place largely in a court
room, not in agency meeting rooms. This procedure in itself changes how
the measures are presented, received, and defended. Our objective has
been to evaluate the process and the research issues it has raised, both for
damage assessment and more generally.
In 1988 we approached the Alfred P. Sloan Foundation with the idea of
holding a conference that would address the economic issues involved in
natural resource damage assessment. In particular, we wished to focus on
the interactions between legal and administrative requirements on the one
hand and the scientific and economic frameworks that would form the basis
of assessments on the other. Our intent was to evaluate the suitability of the
available economic theory and tools, as well as the issues involved in imple
menting the assessments and bringing them before the courts. With the aid
of the Sloan Foundation and Resources for the Future (RFF) a workshop
was held in Washington, D.C., in June 1988. This conference started the
research that resulted in the present volume. Many of the chapters in this
volume are revisions to papers presented at the conference.
Over time, most of the authors of chapters in this volume have been
involved in damage assessment cases, providing analyses for either defen
dants or plaintiffs. They have also written for academic journals on dam
age assessment issues. Their chapters reflect individual research programs
that temper the rigorous demands of scholarship with the practical realities
of litigation.
It is hard to anticipate how many legal cases will involve natural
resource damage claims. The Exxon Valdez oil spill focused national
attention on the magnitude of damages that can occur from the release of
crude oil, and raised public awareness of the damage assessment process
and the questions associated with appraising damages. Indeed, when the
settlement was agreed upon among Exxon, the federal government, and
the state of Alaska, the state’s analysis was the focus of a major news story
and nonmarket valuation became “news.”2 In addition, recent legal action
by the U.S. Department of Justice under CERCLA will seek damages for
long-term releases of PCBs into a number of the nation’s waterways; a
complex array of environmental injuries will be alleged. Because the
Environmental Protection Agency (EPA) continues to identify more old
and abandoned waste sites, concerns over the cleanup process and the
residual liabilities for natural resource damages are unlikely to be any less
important in the future than they are now.3
3A recent report of the Office of Technology Assessment (1989) indicated that at the
end of the first nine months of 1989, EPA had 1,224 sites on its National Priorities List and
more than 31,000 sites in the CERCLA inventory system.
INTRODUCTION 5
future losses (chapter 12), and the theoretical underpinnings for the impor
tant category of losses known as nonuse or existence values (chapter 13).
Both of these topics have been addressed in recent court rulings.4
Part 4 closes the volume with a single chapter that presents our views
regarding the impact that natural resource damage assessment will have on
the discipline of environmental and natural resource economics in particu
lar and the role of applied welfare economics for public policy in general.
REFERENCES
Breen, Barry. 1989. “Citizen Suits for Natural Resource Damages: Closing the
Gap in Federal Environmental Law,” Wake Forest Law Review 24, pp. 851–
880.
U.S. Congress, Office of Technology Assessment. 1989. “Coming Clean: Super
fund’s Problems Can Be Solved …,” OTA-ITE-433. Washington, D.C.,
U.S. Government Printing Office. October.
4The role of time in damage assessment was addressed in U.S. District Court, District
of Massachusetts, Acushnet River & New Bedford Harbor: Proceedings Re Alleged PCB
Pollution, Civil Action, No. 83-388201-1, “Memorandum Concerning Natural Resource
Damages Under CERCLA,” District Judge Young, June 7, 1989. The proper role of nonuse
values in quantifying natural resource damages under CERCLA was clarified in the judge’s
opinion in Ohio v. The United States Department o f the Interior, 880 F.2d 432 (D.C. Cir.
1989).
References
1 Introduction
1989).
2 Understanding Damages to Natural Assets
over small risks are unstable. And many have argued that
the subjective
empirically.
or π '(s) > 0.
s,z
> 0: the farther the distance from the site, the lower the
risk. Optimal
and one uses a proxy for this probability, then the model
implies the
tween the two sale dates. For example, suppose that the
original hedonic
T a
b l
e 8
o u
s i n
a r
k e
t S
t u
d i
e s
o
f H
e a
l t h
n d
r o
p e
r t
R i
s k
s S t u d y T y p e o f t h r e a t L o c a t i o n P r o x
y f o r r i s k E v i d e n c e o f e f f e c t A d l e r a
n d c o a u t h o r s ( 1 9 8 2 ) H a z a r d o u s l a n d
f i l l s A n d o v e r , M i n n . S t e p p e d f u n c t
i o n o f d i s t a n c e N o ? B a k e r ( 1 9 8 6 ) P o t
e n t i a l l y h a z a r d o u s p r o d u c t i o n f a c
i l i t i e s ( c h e m i c a l p l a n t s ) K a n a w h a
R i v e r , W . V a . N a t u r a l l o g o f d i s t a n c
e t o n e a r e s t p l a n t ; z o n a l d u m m y Y e s B
r o o k s h i r e a n d c o a u t h o r s ( 1 9 8 5 ) E a r
t h q u a k e L o s A n g e l e s , C a l i f . S a n F r a
n c i s c o , C a l i f . D u m m y v a r i a b l e s f o r
l o c a t i o n i n z o n e N o i n 1 9 7 2 Y e s i n 1 9 7
8 G a m b l e a n d D o w n i n g ( 1 9 8 2 ) N u c l e a r
p o w e r p l a n t s P l y m o u t h , M a s s . W a t e r
f o r d , C o n n . L a c e y T o w n s h i p , N . J . R o
c h e s t e r , N . Y . D i s t a n c e t o p l a n t s ; d
u m m y f o r v i s i b i l i t y o f p l a n t N o K o h l
h a s e ( f o r t h c o m i n g ) H a z a r d o u s w a s t
e s i t e s H o u s t o n , T e x . Q u a d r a t i c f u n
c t i o n o f d i s t a n c e t o n e a r e s t s i t e Y e
s i n 1 9 8 0 a n d 1 9 8 5 N o i n 1 9 7 6 M c D o n a l d
, M u r d o c k , a n d W h i t e ( 1 9 8 7 ) F l o o d i n
g M o n r o e , L a . D u m m y v a r i a b l e f o r l o c
a t i o n i n f l o o d z o n e Y e s M i c h a e l s , S m
i t h , a n d H a r r i s o n ( 1 9 8 7 ) H a z a r d o u s
w a s t e s i t e s S u b m a r k e t s i n s u b u r b a n
B o s t o n D i s t a n c e t o n e a r e s t s i t e S l i
g h t N e l s o n ( 1 9 8 1 ) N u c l e a r p o w e r p l a
n t H a r r i s b u r g , P a . D i s t a n c e z o n e s N
o S c h u l z e a n d c o a u t h o r s ( 1 9 8 6 ) H a z a
r d o u s w a s t e s i t e s T h r e e h o u s i n g m a r
k e t s i n u r b a n a r e a s a D i s t a n c e z o n e s
; i n v e r s e f u n c t i o n o f d i s t a n c e f r o m
s i t e s Y e s a T h e l o c a t i o n s a r e n o t g i v
e n b e c a u s e o f p e n d i n g l e g a l a c t i o n .
173
proxies not only shift demand for known users, but also
that they predict
that they will be, but how, why, and the precise mechanism
by which they
dence that the travel cost model can capture the importance
of site quality
cost model, than for the housing market. Hedonic models not
only give
donic model and the travel cost model are frequently used.
In this section I
s∞
posed of the area under the travel cost demand curve plus
the willingness
reduce risk.
in the same way one uses the travel cost model. Damages per
individual
alternative is
individuals
role in the travel cost model and the hedonic model. People
base their
tive risk are not easy to conceive, much less execute. And
because the
tive risk for each site. It is more likely that one would
use the random
and simply call this value the damage. The efficacy of this
approach
could use the total trips per user and their distribution
among alternatives
flow over the life of the air conditioner. One must use
caution in discount
for the household to reduce the risk to zero. Then the area
under the
cially important.
of risk.
4.4 Absence of Data. From the various CERCLA cases now being
Hanemann, W. Michael. 1991. “WTP and WTA: How Much Can They
Differ?” American Economic Review 81, pp. 635-647.