OHIO V. DEPARTMENT OF INTERIOR
880 F.2d 432 (D.C. Cir. 1989)
NATURE OF THE CASE: This was a judicial review of the natural resource damage assessment
regulations promulgated by DOI.
FACTS: DOI promulgated a regulation providing that damages for despoilment of natural
resources shall be the lessor of restoration or replacement costs or diminution of use
values. This regulation was challenged in that CERLA required damages to be at least
sufficient to pay the cost in every case of restoring, replacing, or acquiring the
equivalent of the damaged resource. Because the lost value of use could be lower than the
cost of restoration, DOI's rule would result in damages too small to pay for the costs of
restoration.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
Get
free access to the entire content for Mac, PC or Online
for 2-3 days and free samples
of all kinds of products.
for 2-3 days and free samples of all kinds of products.
https://bsmsphd.com
© 2007-2016 Abn Study Partner
No comments:
Post a Comment