The logic of measuring the economic loss from pollution events is comp
elling. Yet when losses occur in the form of nonuse values, the contin
gent valuation method (CVM) is the only satisfactory approach to measu
ring the damages. The Ohio decision affirmed the validity of nonuse va
lues and the role of contingent valuation in measuring these values. T
his decision, combined with the on-going practices of economists, esta
blishes contingent valuation as an acceptable method of measuring dama
ges. Challengers to CVM bear the burden of proving CVM unreliable. Cum
mings and Harrison argue that the Ohio court might have made different
decision had they considered all of the available evidence on CVM. Th
ey assemble conceptual arguments and empirical evidence in their attem
pt to prove the unreliability of the CVM. The empirical evidence from
CVM is weak but it is sufficiently systematic so that one cannot argue
that CVM responses are purely random. In the absence of an alternativ
e hypothesis about what respondents do when they answer CVM questions,
it is reasonable to accept CVM of economic damages.