WHOSE LOSSES COUNT IN NATURAL-RESOURCE DAMAGES

This article examines economic and legal constraints that determine wh ose losses are included in natural resource damages as a result of an oil spill or hazardous-substance release. For example, the article des cribes the circumstances under which use losses experienced by young c hildren would nor be included in natural resource damages. With respec t to nonuse damages, the article advocates excluding the expressed los ses of people who have no knowledge of the specific natural resources affected by a spill/release and who are unaware that the natural resou rces were injured In the absence of such knowledge and awareness, thes e people could not have experienced a welfare loss. Finally, the artic le discusses legal constraints on whose losses count in natural resour ce damages with respect to statutory exclusions, public versus private uses of natural resources, uses of natural resources by foreigners, a nd damages in the absence of injuries.