The Crown’s Claim to an Environmental Premium With Respect to the Non-Harvestable Trees Sample Clauses

The Crown’s Claim to an Environmental Premium With Respect to the Non-Harvestable Trees. The Crown sought commercial value of the non-harvestable trees plus a premium of 20 per- cent, which the Crown concedes is “necessarily somewhat arbitrary”, but is said to be “on the low end of the reasonable range”. The claim thus for- mulated would value the loss of the protected trees at $1,481,452.79 (auction value) or $736,352.53 (stumpage value). The provincial Crown’s position is supported by the federal Crown, who argues that excessive focus on market values is inappropriate when attempting to assess and quantify damages to the environment (quoting State of Ohio v. U.S. Department of the Interior, 880 F.2d 432 (D.C. Cir. 1989), at pp. 462- 63): While it is not irrational to look to market price as one factor in determining the use value of a resource, it is unreasonable to view market price as the exclusive factor, or even the predominant one. From the bald eagle to the blue whale and snail darter, natural resources have
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Related to The Crown’s Claim to an Environmental Premium With Respect to the Non-Harvestable Trees

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